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Filing # 168702680 E-Filed 03/14/2023 03:05:36 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
HODGES BROTHERS, INC.,
Plaintiff,
vs. Case No.: 2018-CA-004003
CLARDY A. MALUGEN, as Trustee of
The CLARDY A. MALUGEN FAMILY
TRUST, and CLARDY A. MALUGEN,
individually,
Defendants.
_____________________________________/
PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM
OF DEFENDANT CLARDY MALUGEN
(Continuation)
PLEASE TAKE NOTICE that the undersigned attorney for Plaintiff, HODGES
BROTHERS, INC., will take the deposition of the following person, at the time and place
indicated below, upon oral examination before Esquire Deposition Solutions, or any other Notary
Public authorized by law to take depositions:
NAME: Clardy Malugen
DATE: Wednesday, March 29, 2023
TIME: 10:00 a.m. EST
PLACE: Hill, Rugh, Keller & Main, P.L.
390 N. Orange Ave., Suite 1610
Orlando, FL 32801
This deposition is being taken for the purpose of discovery, for use as evidence and for
such other uses and purposes as are permitted under the Florida Rules of Civil Procedure and
other applicable law and will continue from day to day pursuant to adjournment, if any, until
completed.
Pursuant to Rule 1.310(b)(5), Rule 1.350, and Rule 1.351, the deponent is requested to
produce documents at the taking of his/her deposition as outlined on attached Schedule “A”.
If an interpreter is required, please advise the undersigned. Deponent is to bring
valid photo I.D. to deposition.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 14thth day of March, 2023, I electronically filed the
foregoing with the Clerk of the Courts by using the E-Portal System pursuant to Florida Rule of
Judicial Administration 2.516 (a), which E-Portal will provide service upon: Thomas F. Neal,
Esq., 332 N. Magnolia Ave., P.O. Box. 87, Orlando, FL 32802 at e-mails:
tneal@dsklawgroup.com and lnovak@dsklawgroup.com(Counsel for Plaintiff), Clardy A.
Malugen, individually, via email to clardyclardym.com, and Daniel M. Greene, Esq., Daniel
M. Greene, P.A., P.O. Box 3092, Orlando, FL 32802 at e-mails: dangreenelaw@gmail.com and
dan@dangreenelaw.com (Counsel for Gail Stedronsky Bove).
HILL, RUGH, KELLER & MAIN, P.L.
_/s/ Andrew V. Showen___________________
ANDREW V. SHOWEN
Florida Bar No. 0476153
Board Certified Construction Lawyer
390 North Orange Avenue, Suite 1610
Orlando, FL 32801
(407) 926-7460
(407) 926-7461 (facsimile)
filings@hrkmlaw.com
Attorney for Plaintiff (only as to counterclaim)
cc: Esquire Deposition Solutions
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 Hill, Rugh, Keller & Main, PL., 390 North Orange Avenue, Suite
1610, Orlando, Florida 32801, Telephone (407) 926-7460 within 2 working days of your receipt
of this document; if you are hearing or voice impaired, call 1-800-955-8771.
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SCHEDULE A
CLARDY MALUGEN
1. Any and all documents, including but not limited to receipts, invoices, contracts,
proposals and agreements, relating to repairs that You contend were or are necessary
and/or were performed, or are intended to be performed, as a result of the incidents
which form the basis of Your Counterclaim.
2. Any and all expert reports prepared relating to the incident which forms the basis for
Your Counterclaim.
3. Any and all inspection reports relating the incidents which form the basis for Your
Counterclaim.
4. Any and all photographs of the damaged property as alleged in Your Counterclaim.
5. Any and all photographs of the damaged property as described in Your Counterclaim
taken before any renovations, repairs, or remedial work was undertaken.
6. Any and all documents, letters, emails, recordings, notes, or any other written
documentation or recorded record which Plaintiff provided to the Defendant putting
Defendant on notice of the alleged water intrusion as asserted in Your Counterclaim.
7. Any all documents which support your claim that the incident which forms the basis for
Your Counterclaim caused a devaluation of the value of your home and/or the items in
the home.
8. Any and all documents which support your claim that the incident which forms the basis
for Your Counterclaim caused damages to you.
9. Any all documents, letters, diaries, journals, recordings, notes, or written documentation
or recorded record documents which support your claim that the incidents which form the
basis for Your Counterclaim caused damage to your real and personal property or
damage to your health.
10. Any and all insurance policies providing coverage for the 214 Celebration Blvd.
Celebration, Florida 34747 property from January 2018 to the present.
11. If you are claiming personal injury(ies) as a result of the incident which forms the basis
for your Counterclaim, Any and all identification / benefit cards (front and back) for
policies of insurance of any kind providing benefits to the Plaintiff for the three year
period prior to the incident described in Plaintiffs’ Counterclaim to the present.
12. If you are claiming personal injury(ies) as a result of the incident which forms the basis
for Your Counterclaim, copies of your medical records from the ten year period prior to
the incident described in Plaintiffs’ Complaint to the present.
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13. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all
other business records and/or income records, and other evidence of income or expenses
from the rental or other use for gain of the property at 214 Celebration Blvd. for three (3)
years prior to the incidents alleged in Plaintiffs’ Counterclaim, and for all subsequent
years, to date.
14. Any and all documents referring or relating to repairs made to the the property at 214
Celebration Blvd as a result of the damages alleged in the Counterclaim.
15. Any and all documents referring or relating to out-of-pocket expenses incurred by you as
a result of the damages alleged in the Counterclaim.
16. Any and all hospital, physician, medical or related bills, paid or owing, allegedly
resulting from the incident or occurrence.
.
17. Any and all hospital, physician or medical records and/or reports rendered by any
healthcare provider of the Plaintiff, together with any written reports rendered by any
expert retained, including any accident reconstruction expert, applicable to any and all
issues in this cause.
18. Any and all written or recorded statements taken from parties or witnesses concerning
any issue in this cause.
19. Any and all documents which are the basis for the allegation in ¶ 5 of the amended
counterclaim that:
20. Any and all documents which are or constitute any part of the documents creating or
amending, or referring to the “Clardy A. Malugen Family Trust” as described in ¶ 1 of
the answer and affirmative defenses.
21. All documents which designate or identify the trustee and beneficiaries of the Trust from
January 1, 2013 to the date of your response to this request.
22. The contract between You and Hodges Bros. Roofing for roofing work on the House,
including any amendments, modifications or addenda.
23. All communications between You and Hodges Bros. Roofing concerning the roofing
work on the House, or the defects in the work You allege, and any damage to the House
or its contents You.
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24. All contracts, notices to proceed, notices of commencement, building permits, invoices,
change orders, punch lists, waivers of lien, evidence of payment, emails , text messages,
correspondence or other documents which refer or relate to any:
a. testing or inspection for mold;
b. mold remediation;
c. drywall, paint, sealant, window, flooring, roof, air conditioning, insulation
or other repair done to the House
from January 1, 2013 to the present date.
25. All leases between any person claiming to own, possess or have authority to lease the
House, to any person, executed or in effect between January 1, 2013 and the date you
answer this request.
26. All records of any moneys collected from tenants or other occupants of the House from
January 1, 2013 to the date you answer this request.
27. All communications between You and any occupant or tenant of the House concerning
any repairs or maintenance to the House, or water intrusion, water damage, mold, leaks of
other defects in the House, from January 1, 2013 to the present date.
28. All claims made by any owner, tenant or occupant of the house to any person alleging
damage to the house, its components or its contents since from January 1, 2013 to the
present date. This includes any claims from January 1, 2013 to the present date.
29. All payments made by any person to any owner, tenant or occupant of the house to any
person alleging damage to the house, its components or its contents since from January 1,
2013 to the present date. This includes any claims from January 1, 2013 to the present
date.
30. All pictures, images, videos, electronic or magnetic images, or test results, samples,
exemplars or other records of any leaks, water damage, water intrusion, condensation,
suspected or actual mold or organic growth, or other manifestations of water intrusion or
water damage at the House from January 1, 2013 to the present date.
31. All photos, videos and other images of the interior of the House, without limitation as to
time.
32. Proof of purchase of, title to and payment for any item of personal property and any
fixture which any owner, tenant or occupant of the House seeks recovery for in this
lawsuit. THIS SPECIFICALLY INCLUDES ANY DOCUMENTS OF TITLE, PROOF
OF PAYMENT OR OTHER EVIDENCE CONCERNING WHETHER ANY
PROPERTY IN THE HOUSE AT 214 CELEBRATION BLVD. IS TH EPROPERTY
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OF GAL STEDRONKY BOVE AS TRUSTEE, OR OF CLARDY MALUGEN
INDIVIDUALLY.
33. All photos, videos and other images of any item of personal property and any fixture
which any owner, tenant or occupant of the House seeks recovery for in this lawsuit.
34. Any agreement with any management company or similar service concerning the
management of the House for rental or short term occupancy purposes.
35. All documents which describe, refer or relate to the your answers to our interrogatories
filed Feb. 19, 2021, including but not limited to:
a. B. $25,790 – Roof repair
i. a. Greenway Roofing - $21,990 – Roof Replacement, tarp
placement and
maintenance
ii. b. Total Home Repair - $3,800 – Dormer repair
b. C. $28,500 – Repair various areas of drywall texture and painted areas that
are obvious flaws throughout the Living room, Kitchen and nook area,
foyer and Rear bedroom.
c. Repair and paint water stained ceiling areas throughout due to roof leaks.
Remove and install all new door casing around every door in all of the
areas defined. Replace existing island in the kitchen with one similar.
d. E. $5,894.87 - Other Personal Property (furniture) losses that were
previously approved by
e. Westfield Insurance;
f. F. $59,500—($3,500 x 17) Lost rental income
g. G. $1,750 – Duct cleaning to remove insulation debris and animal control
to remedy issues for animal intrusion for failure to replace barriers –
Wildlife Trappers
h. H. $2,500 – personal property damage to upholstered furniture
i. I. $450 – mold inspection – Professional Air Monitoring
j. “work …. still being done on the property”, or done on the property after
February 19, 2021, and/or any “more damage … discovered related to the
work of Defendants” property after February 19, 2021.
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k. specific dollar amount(s)) each out-of-pocket expense you claim you
incurred as a result of the damages alleged in the Counterclaim.
36. Documents which describe or demonstrate “barriers” in place before February 2018, and
whether or not HODGES removed or failed to replace such “barriers”, as described in
your answer to interrogatory 8.G.
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Preview
Filing # 168702680 E-Filed 03/14/2023 03:05:36 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA HODGES BROTHERS, INC., Plaintiff, vs. Case No.: 2018-CA-004003 CLARDY A. MALUGEN, as Trustee of The CLARDY A. MALUGEN FAMILY TRUST, and CLARDY A. MALUGEN, individually, Defendants. _____________________________________/ PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT CLARDY MALUGEN (Continuation) PLEASE TAKE NOTICE that the undersigned attorney for Plaintiff, HODGES BROTHERS, INC., will take the deposition of the following person, at the time and place indicated below, upon oral examination before Esquire Deposition Solutions, or any other Notary Public authorized by law to take depositions: NAME: Clardy Malugen DATE: Wednesday, March 29, 2023 TIME: 10:00 a.m. EST PLACE: Hill, Rugh, Keller & Main, P.L. 390 N. Orange Ave., Suite 1610 Orlando, FL 32801 This deposition is being taken for the purpose of discovery, for use as evidence and for such other uses and purposes as are permitted under the Florida Rules of Civil Procedure and other applicable law and will continue from day to day pursuant to adjournment, if any, until completed. Pursuant to Rule 1.310(b)(5), Rule 1.350, and Rule 1.351, the deponent is requested to produce documents at the taking of his/her deposition as outlined on attached Schedule “A”. If an interpreter is required, please advise the undersigned. Deponent is to bring valid photo I.D. to deposition. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 14thth day of March, 2023, I electronically filed the foregoing with the Clerk of the Courts by using the E-Portal System pursuant to Florida Rule of Judicial Administration 2.516 (a), which E-Portal will provide service upon: Thomas F. Neal, Esq., 332 N. Magnolia Ave., P.O. Box. 87, Orlando, FL 32802 at e-mails: tneal@dsklawgroup.com and lnovak@dsklawgroup.com(Counsel for Plaintiff), Clardy A. Malugen, individually, via email to clardyclardym.com, and Daniel M. Greene, Esq., Daniel M. Greene, P.A., P.O. Box 3092, Orlando, FL 32802 at e-mails: dangreenelaw@gmail.com and dan@dangreenelaw.com (Counsel for Gail Stedronsky Bove). HILL, RUGH, KELLER & MAIN, P.L. _/s/ Andrew V. Showen___________________ ANDREW V. SHOWEN Florida Bar No. 0476153 Board Certified Construction Lawyer 390 North Orange Avenue, Suite 1610 Orlando, FL 32801 (407) 926-7460 (407) 926-7461 (facsimile) filings@hrkmlaw.com Attorney for Plaintiff (only as to counterclaim) cc: Esquire Deposition Solutions 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 Hill, Rugh, Keller & Main, PL., 390 North Orange Avenue, Suite 1610, Orlando, Florida 32801, Telephone (407) 926-7460 within 2 working days of your receipt of this document; if you are hearing or voice impaired, call 1-800-955-8771. 2 SCHEDULE A CLARDY MALUGEN 1. Any and all documents, including but not limited to receipts, invoices, contracts, proposals and agreements, relating to repairs that You contend were or are necessary and/or were performed, or are intended to be performed, as a result of the incidents which form the basis of Your Counterclaim. 2. Any and all expert reports prepared relating to the incident which forms the basis for Your Counterclaim. 3. Any and all inspection reports relating the incidents which form the basis for Your Counterclaim. 4. Any and all photographs of the damaged property as alleged in Your Counterclaim. 5. Any and all photographs of the damaged property as described in Your Counterclaim taken before any renovations, repairs, or remedial work was undertaken. 6. Any and all documents, letters, emails, recordings, notes, or any other written documentation or recorded record which Plaintiff provided to the Defendant putting Defendant on notice of the alleged water intrusion as asserted in Your Counterclaim. 7. Any all documents which support your claim that the incident which forms the basis for Your Counterclaim caused a devaluation of the value of your home and/or the items in the home. 8. Any and all documents which support your claim that the incident which forms the basis for Your Counterclaim caused damages to you. 9. Any all documents, letters, diaries, journals, recordings, notes, or written documentation or recorded record documents which support your claim that the incidents which form the basis for Your Counterclaim caused damage to your real and personal property or damage to your health. 10. Any and all insurance policies providing coverage for the 214 Celebration Blvd. Celebration, Florida 34747 property from January 2018 to the present. 11. If you are claiming personal injury(ies) as a result of the incident which forms the basis for your Counterclaim, Any and all identification / benefit cards (front and back) for policies of insurance of any kind providing benefits to the Plaintiff for the three year period prior to the incident described in Plaintiffs’ Counterclaim to the present. 12. If you are claiming personal injury(ies) as a result of the incident which forms the basis for Your Counterclaim, copies of your medical records from the ten year period prior to the incident described in Plaintiffs’ Complaint to the present. 3 13. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all other business records and/or income records, and other evidence of income or expenses from the rental or other use for gain of the property at 214 Celebration Blvd. for three (3) years prior to the incidents alleged in Plaintiffs’ Counterclaim, and for all subsequent years, to date. 14. Any and all documents referring or relating to repairs made to the the property at 214 Celebration Blvd as a result of the damages alleged in the Counterclaim. 15. Any and all documents referring or relating to out-of-pocket expenses incurred by you as a result of the damages alleged in the Counterclaim. 16. Any and all hospital, physician, medical or related bills, paid or owing, allegedly resulting from the incident or occurrence. . 17. Any and all hospital, physician or medical records and/or reports rendered by any healthcare provider of the Plaintiff, together with any written reports rendered by any expert retained, including any accident reconstruction expert, applicable to any and all issues in this cause. 18. Any and all written or recorded statements taken from parties or witnesses concerning any issue in this cause. 19. Any and all documents which are the basis for the allegation in ¶ 5 of the amended counterclaim that: 20. Any and all documents which are or constitute any part of the documents creating or amending, or referring to the “Clardy A. Malugen Family Trust” as described in ¶ 1 of the answer and affirmative defenses. 21. All documents which designate or identify the trustee and beneficiaries of the Trust from January 1, 2013 to the date of your response to this request. 22. The contract between You and Hodges Bros. Roofing for roofing work on the House, including any amendments, modifications or addenda. 23. All communications between You and Hodges Bros. Roofing concerning the roofing work on the House, or the defects in the work You allege, and any damage to the House or its contents You. 4 24. All contracts, notices to proceed, notices of commencement, building permits, invoices, change orders, punch lists, waivers of lien, evidence of payment, emails , text messages, correspondence or other documents which refer or relate to any: a. testing or inspection for mold; b. mold remediation; c. drywall, paint, sealant, window, flooring, roof, air conditioning, insulation or other repair done to the House from January 1, 2013 to the present date. 25. All leases between any person claiming to own, possess or have authority to lease the House, to any person, executed or in effect between January 1, 2013 and the date you answer this request. 26. All records of any moneys collected from tenants or other occupants of the House from January 1, 2013 to the date you answer this request. 27. All communications between You and any occupant or tenant of the House concerning any repairs or maintenance to the House, or water intrusion, water damage, mold, leaks of other defects in the House, from January 1, 2013 to the present date. 28. All claims made by any owner, tenant or occupant of the house to any person alleging damage to the house, its components or its contents since from January 1, 2013 to the present date. This includes any claims from January 1, 2013 to the present date. 29. All payments made by any person to any owner, tenant or occupant of the house to any person alleging damage to the house, its components or its contents since from January 1, 2013 to the present date. This includes any claims from January 1, 2013 to the present date. 30. All pictures, images, videos, electronic or magnetic images, or test results, samples, exemplars or other records of any leaks, water damage, water intrusion, condensation, suspected or actual mold or organic growth, or other manifestations of water intrusion or water damage at the House from January 1, 2013 to the present date. 31. All photos, videos and other images of the interior of the House, without limitation as to time. 32. Proof of purchase of, title to and payment for any item of personal property and any fixture which any owner, tenant or occupant of the House seeks recovery for in this lawsuit. THIS SPECIFICALLY INCLUDES ANY DOCUMENTS OF TITLE, PROOF OF PAYMENT OR OTHER EVIDENCE CONCERNING WHETHER ANY PROPERTY IN THE HOUSE AT 214 CELEBRATION BLVD. IS TH EPROPERTY 5 OF GAL STEDRONKY BOVE AS TRUSTEE, OR OF CLARDY MALUGEN INDIVIDUALLY. 33. All photos, videos and other images of any item of personal property and any fixture which any owner, tenant or occupant of the House seeks recovery for in this lawsuit. 34. Any agreement with any management company or similar service concerning the management of the House for rental or short term occupancy purposes. 35. All documents which describe, refer or relate to the your answers to our interrogatories filed Feb. 19, 2021, including but not limited to: a. B. $25,790 – Roof repair i. a. Greenway Roofing - $21,990 – Roof Replacement, tarp placement and maintenance ii. b. Total Home Repair - $3,800 – Dormer repair b. C. $28,500 – Repair various areas of drywall texture and painted areas that are obvious flaws throughout the Living room, Kitchen and nook area, foyer and Rear bedroom. c. Repair and paint water stained ceiling areas throughout due to roof leaks. Remove and install all new door casing around every door in all of the areas defined. Replace existing island in the kitchen with one similar. d. E. $5,894.87 - Other Personal Property (furniture) losses that were previously approved by e. Westfield Insurance; f. F. $59,500—($3,500 x 17) Lost rental income g. G. $1,750 – Duct cleaning to remove insulation debris and animal control to remedy issues for animal intrusion for failure to replace barriers – Wildlife Trappers h. H. $2,500 – personal property damage to upholstered furniture i. I. $450 – mold inspection – Professional Air Monitoring j. “work …. still being done on the property”, or done on the property after February 19, 2021, and/or any “more damage … discovered related to the work of Defendants” property after February 19, 2021. 6 k. specific dollar amount(s)) each out-of-pocket expense you claim you incurred as a result of the damages alleged in the Counterclaim. 36. Documents which describe or demonstrate “barriers” in place before February 2018, and whether or not HODGES removed or failed to replace such “barriers”, as described in your answer to interrogatory 8.G. 7