Preview
Filed: 10/13/2022 12:54 PM
J OHN D. KINARD - District Clerk
PageGatvgstpn County, Texas
Envelope No. 69191624
MARIA TERESA SCOTTO - August 30, 2022 By: Shailja Dixit
10/13/2022 12:58 PM
NO. 21-CV-0305
DAVID AND CONNIE EVANS IN THE DISTRICT COURT
Vv 10TH JUDICIAL DISTRICT
MB HARBOUR, LTD. AND
HARBOUR MANAGEMENT, LLC GALVESTON COUNTY, TEXAS
REPORTER'S CERTIFICATION
DEPOSITION OF MARIA TERESA SCOTTO
AUGUST 30, 2022
I, Mary E. Goan, Certified Shorthand Reporter in and
10 for the State of Texas, hereby certify to the following:
11 That the witness, MARIA TERESA SCOTTO, was duly
sworn by the officer and that the transcript of the oral
12 deposition is a true record of the testimony given by
the witness;
13
That the deposition transcript was submitted on
14 September 22, 2022 to the witness or to
the attorney for the witness for examination, signature
15 and return to me by October 13,2022;
16 That the amount of time used by each party at the
deposition is as follows:
17
Mr. Michael Nassif (5:08)
18 Mr. Marc Young (0:02)
19 That pursuant to information given to the deposition
officer at the time said testimony was taken, the
20 following includes counsel for all parties of record:
21 Mr. Michael Nassif, Attorney for the Petitioners,
David and Connie Evans
22 Mr. Marc Young, Attorney for the Respondents,
MB Harbour, LTD. And Harbour Management, LLC
23
24
25
COURT REPORTERS CLEARINGHOUSE
(713) 626-2629
Page 190
MARIA TERESA SCOTTO - August 30, 2022
I
further certify that I am neither counsel for,
related to, nor employed by any of the parties or
attorneys in the action in which this proceeding was
taken, and further that I am not financially or
otherwise interested in the outcome of the action.
Further certification requirements pursuant to Rule
203 of TRCP will be certified to after they have
occurred.
Certified to by me this 22nd day of September,
2022.
10
11
12
13
14
15
}
16
f y) Cu DIOOM
17 ;
Mary E. Goan, Texas CSR 5093
18 Expiration Date: 1-31-24
Firm Registration No. 62
19 COURT REPORTERS CLEARINGHOUSE
1225 North Loop West, Suite 327
20 Houston, Texas 77008
(713) 626-2629
21
22
23
24
25
COURT REPORTERS CLEARINGHOUSE
(713) 626-2629
Page 191
MARIA TERESA SCOTTO - August 30, 2022
FURTHER CERTIFICATION UNDER RULE 203 TRCP
The original deposition was/was not returned to the
deposition officer signed/unsigned on retained i
If returned, the original deposition was delivered
to Michael P. Nassif , Custodial Attorney;
That $ a2
1,530.60
- ov is the deposition officer's charges
to the Petitioners for
preparing the original deposition transcript and any
copies of exhibits;
10 That the deposition was delivered in accordance with
11 Rule 203.3, and that a copy of this certificate was
12 served on all parties shown herein on 10/13/2022
13 and filed with the Clerk.
14 Certified to by me this 13 day of October ,
15 2022.
16
17
18 Showy, Felinea
19
20 Firm Registration No. 62
COURT REPORTERS CLEARINGHOUSE
21 1225 North Loop West, Suite 327
Houston, Texas 77008
22 (713) 626-2629
23
24
25
COURT REPORTERS CLEARINGHOUSE
(713) 626-2629
MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187
22 Change answer at 59:11. Change answer to: "Director, but not an Officer." The reason for the
23 change is to clarify and accurately reflect that she is a director in the HOA, but not an Officer. It
24 is unclear from how it is transcribed.
25 Change answer at 70:23. Change answer to: "Parts have been sold. What has not been sold of the
26 35 acres is owned by Isola Ventura." The reason for the change is to clarify record that only “parts
27 have been sold.” This is already in the answer, but reads confusingly as in the record.
28 Change answer to 84:11: Change part of answer to: "... a $1,000 to $1,500 dollars.” The reason
29 for the change is that answer currently reads “15,” when what was intended and being referred to
30 here is “$1,500.”
SL Change answer at 103:17-18, Change answer to: “Just because they were there doesn't mean they
32 were part of the MB Harbour canal property. First, the water in the canal, in some places, extends
33 beyond the boundaries of the submerged surface that MB Harbour owns. So I could net identify
34 from visual inspection that these were in or on MB Harbour’s property or not, as the property line
35 is underwater in most cases. Second, some of these boathouses and docks are floating on the water.
36 So their mere presence would not necessarily be impinging on MB Harbour’s property. Third,
37 some of these boathouses, piers, and docks are actually in “cuts” into homeowners property, and
38 while on the canal, generally speaking, are not necessarily impinging on MB Habout’s canal
39 property.” The reason for this change was to clarify answer in the context of the meaning of the
40 words “Glen Cove Canal” and “canal” as used in the question. I understood the question to be
4L asking about the canal generally, not only the MB Harbour canal property. It is confusing from the
42 question what is being asked about, This question was also objected to.
43 Change answer at 103:23-24. Change answer to: “First, the water in the canal, in some places,
44 extends beyond the boundaries of the submerged surface that MB Harbour owns. So I could not
MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187
45 identify from visual inspection that these were in MB Harbour’s property or not, as the property
AG line is underwater in most cases. Second, some of these boathouses and docks are floating on the
47 water. So their mere presence would not necessarily be impinging on MB Harbour’s property.
48 Third, some of these boathouses, piers, and docks are actually in “cuts” into homeowners property,
49 and while on the canal, generally speaking, are not necessarily impinging on MB Habour’s canal
50 property.” The reason for this change was to clarify answer in the context of the meaning of the
51 words “canal in the Glen Cove subdivision.” I understood his question to be speaking about the
52 canal, generally, not only the MB Harbour canal property, It is confusing from the question what
53 is being asked about. This question was also objected to.
54 Change answer at 106:23-107:02. Change answer to: "NRG had a six acre track that we are
55 referring too. But that area is larger than the six acres MB Harbour purchased. I believe you are
56 referring to the six-acre tract between Glen Cove." The reason for the change is to clarify the
57 wording of the answer. All of this information is contained in the original answer, but reads
58 confusingly and needed to be re-worded.
59 Change answer at 110:20-21. Change answer to: “There was a meeting held at our office
60 sometime early in October 2006 with homeowner representatives, whoever wanted to attend.” The
61 reason for the change is that the word “October” was missing, and this accurately supplements the
62 record with the correct time frame.
63 Change answer at 111:02. Change partial answer to: “Panomitros.” The reason for the change is
64 to correct the misspelling.
65 Change answer at 111:07. Change part of answer from “Glen” to “Gwen.” The reason for the
66 change is to correct the spelling of the name.
MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187
67 Change answer at 126;20-21. Change answer to: “The license agreement was attached to the
68 Evans’ property prior to their purchase. The license agreement created a covenant running with
69 the land. Further, there was privity of estate between the Kings and Evans. In addition, the license
70 agreement was in effect when the Evans purchased the property, and under the license agreement’s
71 terms, the Evans were bound by it and all of its terms.” The reason for the change is to clarify an
a answer to an otherwise confusing question. The question was objected to, as it had
73 mischaracterized my prior testimony and the substance of the letter, but I also remembered more
74 information after the deposition related to this letter being asked about and wanted to accurately
75 change my answer accordingly.
76 Change answers at 145:19 and 145:23. Change answers to: “Yes. We requested all documents
77 in NRG’s possession regarding the property and thoroughly inspected all documents provided to
78 us by NRG. None of these reflected any homeowner easements.” The reason for the change is to
79 clarify the answer and the language in the deed that the inspection involved an inspection of the
80 property and all documents related to the property provided by NRG.
81 Change answer at 148:03. Change answer to: “Yes, [ see it is personal to the Grantor, Mr.
82 Pollard.” The reason for the change is that 1 went back and read letter again.
83 Change answer at 176:01. Change answer to: “It is renewed annually and if it is not renewed,
84 there are certain provisions that must be followed to end the agreement.” The reason for the change
85 is that 1 was confused by the question, and wanted to change and clarify my answer to reflect my
86 answer now that I understand what was being asked. For example, was I being asked if the
87 agreement had terminated, etc.
88 Change answer at 183:10. Change answer to: “No. Beacon Island does not use a canal use license
89 agreement with property owners, but it does have a similar agreement with South Shore Harbour
MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187
90 Marina to use the bottom of its water property should Beacon Island want to build piers and dredge
91 the area.” The reason for the change is that I remembered additional information after the
92 deposition that more completely answers the question regarding Beacon Island.
Page 188
MARIA TERESA SCOTTO x August 30, 2022
I, MARIA TERESA SCOTTO, have read the foregoing
deposition and hereby affix my signature that same is
true and correct, except asciote gptei
er
yet]
WARIA TERESA
5
SCOTTO
starz or | fexaS )
COUNTY OF Ce \westay) )
BEFORE ME, LiSo. farelony on this day
10 personally appeared MARIA TERESA SCOTTO, known to me (or
~ PIA -
LA proved to me on the oath of or
12 through TGS Drivers License. (description of
13 identity card or other document) to be the person whose
14 name is subscribed to the foregoing instrument and
LS acknowledged to me that they executed the same for the
16 purposes and consideration therein expressed.
La
18 Given under my hand and seal of office this ath
Lg. day of October | 2022 |
Os
20
21
NOTARY PUBLIC IN AND“FOR
22 THE STATE OF
23
LISA AVEDON
24 My Notary ID # 128495225
Expires January 17, 2023
25
COURT REPORTERS CLEARINGHOUSE
(713) 626-2629
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Envelope ID: 69191624
Status as of 10/13/2022 12:58 PM CST
Case Contacts
Name BarNumber Email TimestampS ubmitted Status
Stephen G.Schulz sschulz@ greerherz.com 10/13/2022 12:54:31 PM SENT
Joe A.C.Fulcher jfulcher@ greerherz.com 10/13/2022 12:54:31 PM SENT
Michael Paul Nassif 14814350 mikenassif@ comcast.net 10/13/2022 12:54:31 PM SENT
Marc DYoung myoung@ greerherz.com 10/13/2022 12:54:31 PM SENT
Robert AllanDavee bdavee@ greerherz.com 10/13/2022 12:54:31 PM SENT
Preview
Filed: 10/13/2022 12:54 PM J OHN D. KINARD - District Clerk PageGatvgstpn County, Texas Envelope No. 69191624 MARIA TERESA SCOTTO - August 30, 2022 By: Shailja Dixit 10/13/2022 12:58 PM NO. 21-CV-0305 DAVID AND CONNIE EVANS IN THE DISTRICT COURT Vv 10TH JUDICIAL DISTRICT MB HARBOUR, LTD. AND HARBOUR MANAGEMENT, LLC GALVESTON COUNTY, TEXAS REPORTER'S CERTIFICATION DEPOSITION OF MARIA TERESA SCOTTO AUGUST 30, 2022 I, Mary E. Goan, Certified Shorthand Reporter in and 10 for the State of Texas, hereby certify to the following: 11 That the witness, MARIA TERESA SCOTTO, was duly sworn by the officer and that the transcript of the oral 12 deposition is a true record of the testimony given by the witness; 13 That the deposition transcript was submitted on 14 September 22, 2022 to the witness or to the attorney for the witness for examination, signature 15 and return to me by October 13,2022; 16 That the amount of time used by each party at the deposition is as follows: 17 Mr. Michael Nassif (5:08) 18 Mr. Marc Young (0:02) 19 That pursuant to information given to the deposition officer at the time said testimony was taken, the 20 following includes counsel for all parties of record: 21 Mr. Michael Nassif, Attorney for the Petitioners, David and Connie Evans 22 Mr. Marc Young, Attorney for the Respondents, MB Harbour, LTD. And Harbour Management, LLC 23 24 25 COURT REPORTERS CLEARINGHOUSE (713) 626-2629 Page 190 MARIA TERESA SCOTTO - August 30, 2022 I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action. Further certification requirements pursuant to Rule 203 of TRCP will be certified to after they have occurred. Certified to by me this 22nd day of September, 2022. 10 11 12 13 14 15 } 16 f y) Cu DIOOM 17 ; Mary E. Goan, Texas CSR 5093 18 Expiration Date: 1-31-24 Firm Registration No. 62 19 COURT REPORTERS CLEARINGHOUSE 1225 North Loop West, Suite 327 20 Houston, Texas 77008 (713) 626-2629 21 22 23 24 25 COURT REPORTERS CLEARINGHOUSE (713) 626-2629 Page 191 MARIA TERESA SCOTTO - August 30, 2022 FURTHER CERTIFICATION UNDER RULE 203 TRCP The original deposition was/was not returned to the deposition officer signed/unsigned on retained i If returned, the original deposition was delivered to Michael P. Nassif , Custodial Attorney; That $ a2 1,530.60 - ov is the deposition officer's charges to the Petitioners for preparing the original deposition transcript and any copies of exhibits; 10 That the deposition was delivered in accordance with 11 Rule 203.3, and that a copy of this certificate was 12 served on all parties shown herein on 10/13/2022 13 and filed with the Clerk. 14 Certified to by me this 13 day of October , 15 2022. 16 17 18 Showy, Felinea 19 20 Firm Registration No. 62 COURT REPORTERS CLEARINGHOUSE 21 1225 North Loop West, Suite 327 Houston, Texas 77008 22 (713) 626-2629 23 24 25 COURT REPORTERS CLEARINGHOUSE (713) 626-2629 MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187 22 Change answer at 59:11. Change answer to: "Director, but not an Officer." The reason for the 23 change is to clarify and accurately reflect that she is a director in the HOA, but not an Officer. It 24 is unclear from how it is transcribed. 25 Change answer at 70:23. Change answer to: "Parts have been sold. What has not been sold of the 26 35 acres is owned by Isola Ventura." The reason for the change is to clarify record that only “parts 27 have been sold.” This is already in the answer, but reads confusingly as in the record. 28 Change answer to 84:11: Change part of answer to: "... a $1,000 to $1,500 dollars.” The reason 29 for the change is that answer currently reads “15,” when what was intended and being referred to 30 here is “$1,500.” SL Change answer at 103:17-18, Change answer to: “Just because they were there doesn't mean they 32 were part of the MB Harbour canal property. First, the water in the canal, in some places, extends 33 beyond the boundaries of the submerged surface that MB Harbour owns. So I could net identify 34 from visual inspection that these were in or on MB Harbour’s property or not, as the property line 35 is underwater in most cases. Second, some of these boathouses and docks are floating on the water. 36 So their mere presence would not necessarily be impinging on MB Harbour’s property. Third, 37 some of these boathouses, piers, and docks are actually in “cuts” into homeowners property, and 38 while on the canal, generally speaking, are not necessarily impinging on MB Habout’s canal 39 property.” The reason for this change was to clarify answer in the context of the meaning of the 40 words “Glen Cove Canal” and “canal” as used in the question. I understood the question to be 4L asking about the canal generally, not only the MB Harbour canal property. It is confusing from the 42 question what is being asked about, This question was also objected to. 43 Change answer at 103:23-24. Change answer to: “First, the water in the canal, in some places, 44 extends beyond the boundaries of the submerged surface that MB Harbour owns. So I could not MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187 45 identify from visual inspection that these were in MB Harbour’s property or not, as the property AG line is underwater in most cases. Second, some of these boathouses and docks are floating on the 47 water. So their mere presence would not necessarily be impinging on MB Harbour’s property. 48 Third, some of these boathouses, piers, and docks are actually in “cuts” into homeowners property, 49 and while on the canal, generally speaking, are not necessarily impinging on MB Habour’s canal 50 property.” The reason for this change was to clarify answer in the context of the meaning of the 51 words “canal in the Glen Cove subdivision.” I understood his question to be speaking about the 52 canal, generally, not only the MB Harbour canal property, It is confusing from the question what 53 is being asked about. This question was also objected to. 54 Change answer at 106:23-107:02. Change answer to: "NRG had a six acre track that we are 55 referring too. But that area is larger than the six acres MB Harbour purchased. I believe you are 56 referring to the six-acre tract between Glen Cove." The reason for the change is to clarify the 57 wording of the answer. All of this information is contained in the original answer, but reads 58 confusingly and needed to be re-worded. 59 Change answer at 110:20-21. Change answer to: “There was a meeting held at our office 60 sometime early in October 2006 with homeowner representatives, whoever wanted to attend.” The 61 reason for the change is that the word “October” was missing, and this accurately supplements the 62 record with the correct time frame. 63 Change answer at 111:02. Change partial answer to: “Panomitros.” The reason for the change is 64 to correct the misspelling. 65 Change answer at 111:07. Change part of answer from “Glen” to “Gwen.” The reason for the 66 change is to correct the spelling of the name. MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187 67 Change answer at 126;20-21. Change answer to: “The license agreement was attached to the 68 Evans’ property prior to their purchase. The license agreement created a covenant running with 69 the land. Further, there was privity of estate between the Kings and Evans. In addition, the license 70 agreement was in effect when the Evans purchased the property, and under the license agreement’s 71 terms, the Evans were bound by it and all of its terms.” The reason for the change is to clarify an a answer to an otherwise confusing question. The question was objected to, as it had 73 mischaracterized my prior testimony and the substance of the letter, but I also remembered more 74 information after the deposition related to this letter being asked about and wanted to accurately 75 change my answer accordingly. 76 Change answers at 145:19 and 145:23. Change answers to: “Yes. We requested all documents 77 in NRG’s possession regarding the property and thoroughly inspected all documents provided to 78 us by NRG. None of these reflected any homeowner easements.” The reason for the change is to 79 clarify the answer and the language in the deed that the inspection involved an inspection of the 80 property and all documents related to the property provided by NRG. 81 Change answer at 148:03. Change answer to: “Yes, [ see it is personal to the Grantor, Mr. 82 Pollard.” The reason for the change is that 1 went back and read letter again. 83 Change answer at 176:01. Change answer to: “It is renewed annually and if it is not renewed, 84 there are certain provisions that must be followed to end the agreement.” The reason for the change 85 is that 1 was confused by the question, and wanted to change and clarify my answer to reflect my 86 answer now that I understand what was being asked. For example, was I being asked if the 87 agreement had terminated, etc. 88 Change answer at 183:10. Change answer to: “No. Beacon Island does not use a canal use license 89 agreement with property owners, but it does have a similar agreement with South Shore Harbour MARIA TERESA SCOTTO - AUGUST 30, 2022 Continuation of page 187 90 Marina to use the bottom of its water property should Beacon Island want to build piers and dredge 91 the area.” The reason for the change is that I remembered additional information after the 92 deposition that more completely answers the question regarding Beacon Island. Page 188 MARIA TERESA SCOTTO x August 30, 2022 I, MARIA TERESA SCOTTO, have read the foregoing deposition and hereby affix my signature that same is true and correct, except asciote gptei er yet] WARIA TERESA 5 SCOTTO starz or | fexaS ) COUNTY OF Ce \westay) ) BEFORE ME, LiSo. farelony on this day 10 personally appeared MARIA TERESA SCOTTO, known to me (or ~ PIA - LA proved to me on the oath of or 12 through TGS Drivers License. (description of 13 identity card or other document) to be the person whose 14 name is subscribed to the foregoing instrument and LS acknowledged to me that they executed the same for the 16 purposes and consideration therein expressed. La 18 Given under my hand and seal of office this ath Lg. day of October | 2022 | Os 20 21 NOTARY PUBLIC IN AND“FOR 22 THE STATE OF 23 LISA AVEDON 24 My Notary ID # 128495225 Expires January 17, 2023 25 COURT REPORTERS CLEARINGHOUSE (713) 626-2629 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 69191624 Status as of 10/13/2022 12:58 PM CST Case Contacts Name BarNumber Email TimestampS ubmitted Status Stephen G.Schulz sschulz@ greerherz.com 10/13/2022 12:54:31 PM SENT Joe A.C.Fulcher jfulcher@ greerherz.com 10/13/2022 12:54:31 PM SENT Michael Paul Nassif 14814350 mikenassif@ comcast.net 10/13/2022 12:54:31 PM SENT Marc DYoung myoung@ greerherz.com 10/13/2022 12:54:31 PM SENT Robert AllanDavee bdavee@ greerherz.com 10/13/2022 12:54:31 PM SENT