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Filing # 71185759 E-Filed 04/24/2018 05:12:09 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR CHARLOTTE COUNTY
FLORIDA OPPORTUNITY REAL ESTATE
INVESTMENT, LLC,
Plaintiff(s),
v Case No.: 17-000587-CA.
WILFREDO MILAN; LISSETTE REIGOSA;
ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR
AGAINST A NAMED DEFENDANT TO THIS
ACTION, OR HAVING OR CLAIMING TO
HAVE ANY RIGHT, TITLE OR INTEREST IN
THE PROPERTY HEREIN DESCRIBED;
UNKNOWN TENANT #1; UNKNOWN
TENANT #2,
Defendant(s).
/
NOTICE OF TAKING OF DEPOSITION
DUCES TECUM
TO: Tripp Scott, P.A.
H. Michael Solloa, Jr.
110 SE 6th Street
15th floor
Ft. Lauderdale, FL 33301
954-765-2918
mxs@trippscott.com
PLEASE TAKE NOTICE that counsel for the Defendant, WILFREDO MILAN;
LISSETTE REIGOSA; ALL UNKNOWN PARTIES CLAIMING INTERESTS BY,
THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE
Mack Law Finn Chartered 2 wwe MackLew Fin. or
2022 Placida Road “> Englewood Florida 41) TH dh) 29 F
This pleading serves as designation of e- es iced firmorg and eserv ‘KMawfirn.org.
it to Fla. R, Jud. ak
PROPERTY HEREIN DESCRIBED; UNKNOWN TENANT #1; UNKNOWN TENANT #2,
(“Defendant”), will take a deposition duces tecum pursuant to Rule 1.310(b)(6), Fla.R.Civ.P. of
the Corporate Representative of Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE
INVESTMENT, LLC, commencing on July 25, 2018, at 10:00 a.m. at the offices of Guardian
Reporting, 18245 Paulson Drive, Suite 122, Port Charlotte, FL 33954, before an authorized
Court Reporter, or any other officer authorized by law to take depositions. Said deposition is for
the purpose of discovery, for use at trial or both.
At that time and date, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT,
LLC, shall designate and produce as the Corporate Representative(s) who shall testify about
matters known or reasonably available to the organization relating to the documents, items
and/or issues listed below:
The Corporate Representative(s) should be prepared to testify at the time of taking of this
deposition to the following matters and documents related thereto (see Chiquita Int’l v. Fresh
Del Monte, 705 So. 2d 112 (Fla. 3" DCA 1998), Medero v. Florida Power & Light Co., 658 So.
2d 566, 567 (Fla. 34 DCA 1995) and Ormond Beach First Nat’l Bank v. J.M. Montgomery
Roofing Co., 189 So. 2d 239 (Fla. 1“ DCA 1966), cert. denied, 200 So. 2d 813 (Fla. 1967)):
1 Each matter and document pertaining to ownership of the Note and Mortgage at issue.
Knowledge concerning status of loan at the time of purchase.
Each effort to mitigate damages.
Each matter and document pertaining to any indorsement(s) or allonges to the Note,
the time, place, manner and date of making such indorsement(s), authorization to
make such indorsement(s) and validity of the indorsement(s) thereon.
Mack Law Finn Chartered MackLawFinm org
2022 Placida Road < Englewood a3 (41) 4 6 Tit (4
This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org,
matt fa. Ron 2.516
Each matter and document pertaining to possession of the Note and the time, place
and manner of possession of the Note at issue.
Each business record pertaining to the Note and Mortgage at issue, including, but not
limited to, a full and complete payment history of the loan from its inception through
the present date.
Each matter and document pertaining to Assignment of the Mortgage at issue and
the time, place and manner of making of the Assignment of Mortgage.
Each matter and document pertaining to ownership of the Note and proof of
purchase of the Note and the time, place and manner of taking ownership of the Note
at issue upon purchase.
Each matter and document pertaining to physical possession of the Note as of April
4, 2005.
10. Breach of Note and acceleration.
11 Each matter and document pertaining to your responses to Defendant’s discovery
requests, and any filing in this case.
12 Each document sent in response to Defendant’s discovery request(s) served upon
you in this case.
13 All documents listed in Plaintiff's Witness and Exhibit List, as may be amended
from time to time, that you intend to use at trial, to the extent that such Witness and
Exhibit list has been filed herein.
14. Each matter and document pertaining to attorney’s fees incurred in this case.
15. Current Curriculum Vitae and/or resume of deponent.
Mack Law Finn Chartered wy. MackLawFim org
2022 Placida Road < Englewood Florida 3 20: 4 966 TE (941)
This pleading serves as designation of e-service vice! wftrmorg and eser: firm.org,
pur 10 Fla, R. Jud. Admin
The depositions shall be taken before a notary public or any other officer authorized by
Florida law to take depositions and will continue from day to day until completed. Defendant’s
Experts may personally attend in person or via phone. These depositions are being taken for
the purpose of discovery, for use at trial, collection of a duly-entered judgment, or for such other
purposes as are permitted under the rules of court.
Note: Any parties planning on attending should contact our office prior to the deposition to
ensure that the deposition has not been rescheduled to another date.
Plaintiff's counsel will provide all responsive documents to the
subpoena duces tecum to undersigned counsel’s office
no later than July 5, 2018.
Said deposition is to be taken for discovery purposes, for use as evidence at hearings
and at trial.
Dated at Englewood, Charlotte County, Florida, on April 24, 2018.
Js! Gacqubyn Mack-Maike
Jacqulyn Mack-Majka, Esquire
Florida Bar No.: 0134902
MACK LAW FIRM CHARTERED
Primary: eservicel@macklawfirm.org
Secondary: eservice2@macklawfirm.org
2022 Placida Road
Englewood, Florida 34224-5204
(941) 475-7966
(941) 475-0729 fax
Attorney for Defendant
Mack Law Finn Chartered MackLawFinm org
2022 Placida Road < Englewood a3 (41) 4 6 Tit (4
This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org,
matt fa. Ron 2.516
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by e-mail to all counsel of record via the Florida Courts E-Filing Portal on April 24, 2018.
Is! Gacqulyn Mack Majha
Jacqulyn Mack-Majka, Esquire
Tripp Scott, P.A.
H. Michael Solloa, Jr.
110 SE 6th Street
15th floor
Ft. Lauderdale, FL 33301
954-765-2918
mxs@trippscott.com
Mack Law Finn Chartered MackLawFinm org
2022 Placida Road < Englewood a3 (41) 4 6 Tit (4
This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org,
matt fa. Ron 2.516
Preview
Filing # 71185759 E-Filed 04/24/2018 05:12:09 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, Plaintiff(s), v Case No.: 17-000587-CA. WILFREDO MILAN; LISSETTE REIGOSA; ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED; UNKNOWN TENANT #1; UNKNOWN TENANT #2, Defendant(s). / NOTICE OF TAKING OF DEPOSITION DUCES TECUM TO: Tripp Scott, P.A. H. Michael Solloa, Jr. 110 SE 6th Street 15th floor Ft. Lauderdale, FL 33301 954-765-2918 mxs@trippscott.com PLEASE TAKE NOTICE that counsel for the Defendant, WILFREDO MILAN; LISSETTE REIGOSA; ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE Mack Law Finn Chartered 2 wwe MackLew Fin. or 2022 Placida Road “> Englewood Florida 41) TH dh) 29 F This pleading serves as designation of e- es iced firmorg and eserv ‘KMawfirn.org. it to Fla. R, Jud. ak PROPERTY HEREIN DESCRIBED; UNKNOWN TENANT #1; UNKNOWN TENANT #2, (“Defendant”), will take a deposition duces tecum pursuant to Rule 1.310(b)(6), Fla.R.Civ.P. of the Corporate Representative of Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, commencing on July 25, 2018, at 10:00 a.m. at the offices of Guardian Reporting, 18245 Paulson Drive, Suite 122, Port Charlotte, FL 33954, before an authorized Court Reporter, or any other officer authorized by law to take depositions. Said deposition is for the purpose of discovery, for use at trial or both. At that time and date, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, shall designate and produce as the Corporate Representative(s) who shall testify about matters known or reasonably available to the organization relating to the documents, items and/or issues listed below: The Corporate Representative(s) should be prepared to testify at the time of taking of this deposition to the following matters and documents related thereto (see Chiquita Int’l v. Fresh Del Monte, 705 So. 2d 112 (Fla. 3" DCA 1998), Medero v. Florida Power & Light Co., 658 So. 2d 566, 567 (Fla. 34 DCA 1995) and Ormond Beach First Nat’l Bank v. J.M. Montgomery Roofing Co., 189 So. 2d 239 (Fla. 1“ DCA 1966), cert. denied, 200 So. 2d 813 (Fla. 1967)): 1 Each matter and document pertaining to ownership of the Note and Mortgage at issue. Knowledge concerning status of loan at the time of purchase. Each effort to mitigate damages. Each matter and document pertaining to any indorsement(s) or allonges to the Note, the time, place, manner and date of making such indorsement(s), authorization to make such indorsement(s) and validity of the indorsement(s) thereon. Mack Law Finn Chartered MackLawFinm org 2022 Placida Road < Englewood a3 (41) 4 6 Tit (4 This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org, matt fa. Ron 2.516 Each matter and document pertaining to possession of the Note and the time, place and manner of possession of the Note at issue. Each business record pertaining to the Note and Mortgage at issue, including, but not limited to, a full and complete payment history of the loan from its inception through the present date. Each matter and document pertaining to Assignment of the Mortgage at issue and the time, place and manner of making of the Assignment of Mortgage. Each matter and document pertaining to ownership of the Note and proof of purchase of the Note and the time, place and manner of taking ownership of the Note at issue upon purchase. Each matter and document pertaining to physical possession of the Note as of April 4, 2005. 10. Breach of Note and acceleration. 11 Each matter and document pertaining to your responses to Defendant’s discovery requests, and any filing in this case. 12 Each document sent in response to Defendant’s discovery request(s) served upon you in this case. 13 All documents listed in Plaintiff's Witness and Exhibit List, as may be amended from time to time, that you intend to use at trial, to the extent that such Witness and Exhibit list has been filed herein. 14. Each matter and document pertaining to attorney’s fees incurred in this case. 15. Current Curriculum Vitae and/or resume of deponent. Mack Law Finn Chartered wy. MackLawFim org 2022 Placida Road < Englewood Florida 3 20: 4 966 TE (941) This pleading serves as designation of e-service vice! wftrmorg and eser: firm.org, pur 10 Fla, R. Jud. Admin The depositions shall be taken before a notary public or any other officer authorized by Florida law to take depositions and will continue from day to day until completed. Defendant’s Experts may personally attend in person or via phone. These depositions are being taken for the purpose of discovery, for use at trial, collection of a duly-entered judgment, or for such other purposes as are permitted under the rules of court. Note: Any parties planning on attending should contact our office prior to the deposition to ensure that the deposition has not been rescheduled to another date. Plaintiff's counsel will provide all responsive documents to the subpoena duces tecum to undersigned counsel’s office no later than July 5, 2018. Said deposition is to be taken for discovery purposes, for use as evidence at hearings and at trial. Dated at Englewood, Charlotte County, Florida, on April 24, 2018. Js! Gacqubyn Mack-Maike Jacqulyn Mack-Majka, Esquire Florida Bar No.: 0134902 MACK LAW FIRM CHARTERED Primary: eservicel@macklawfirm.org Secondary: eservice2@macklawfirm.org 2022 Placida Road Englewood, Florida 34224-5204 (941) 475-7966 (941) 475-0729 fax Attorney for Defendant Mack Law Finn Chartered MackLawFinm org 2022 Placida Road < Englewood a3 (41) 4 6 Tit (4 This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org, matt fa. Ron 2.516 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-mail to all counsel of record via the Florida Courts E-Filing Portal on April 24, 2018. Is! Gacqulyn Mack Majha Jacqulyn Mack-Majka, Esquire Tripp Scott, P.A. H. Michael Solloa, Jr. 110 SE 6th Street 15th floor Ft. Lauderdale, FL 33301 954-765-2918 mxs@trippscott.com Mack Law Finn Chartered MackLawFinm org 2022 Placida Road < Englewood a3 (41) 4 6 Tit (4 This pleading serves as designation of e-ser de 9, e8e7 any firm.org and eservice? ‘Alan firin.org, matt fa. Ron 2.516