Party Discovery: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 174428338 E-Filed 06/01/2023 04:41:54 PM


                   IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                           IN AND FOR OSCEOLA COUNTY, FLORIDA

         VILLAS AT EMERALD LAKE HOMEOWNERS
         ASSOCIATION, INC., a Florida not for profit
         corporation,

               Plaintiff,

         v.                                                 CASE NO.: 2020-CA-002942-ON

         ROYAL OAK HOMES, LLC, a Florida limited              DEFENDANT/CROSSCLAIM
         liability company, f/k/a AVH ACQUISITION LLC;         PLAINTIFF, ROYAL OAK
         ADVANCED WRAPPING AND CONCRETE                       HOMES, LLC’S NOTICE OF
         SOLUTIONS OF CENTRAL FLORIDA, INC., a                 TAKING DEPOSITION OF
         Florida corporation; DON KING’S CONCRETE,            DEFENDANT/CROSSCLAIM
         INC., a Florida corporation; HUGH MACDONALD           DEFENDANT, IMPERIAL
         CONSTRUCTION, INC., a Florida corporation;          BUILDING CORPORATION’S
         IMPERIAL BUILDING CORPORATION, a Florida           CORPORATE REPRESENTATIVE
         corporation; PREMIER PLASTERING OF
         CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
         INC., a Florida corporation; WEATHERMASTER
         BUILDING PRODUCTS, INC., a Florida
         corporation; WEINTRAUB INSPECTIONS &
         FORENSICS,         INC.      n/k/a WEINTRAUB
         ENGINEERING AND INSPECTIONS, INC., a
         Florida corporation; THE DIMILLO GROUP, LLC,
         a Florida limited liability company; WOLF’S
         IRRIGATION & LANDSCAPING, INC., a Florida
         corporation; SUMMERPARK HOMES, INC., a
         Florida corporation; BROWN + COMPANY
         ARCHITECTURE, INC., a Florida corporation;
         EXPERT PAINTING & PRESSURE WASHING,
         INC., a Florida corporation,

               Defendants.
                                                        /

         ROYAL OAK          HOMES,     LLC,   f/k/a   AVH
         ACQUISITION,

               Crossclaim Plaintiff,

         v.




              132990998.1
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation; DON KING’S CONCRETE,
INC., a Florida corporation; HUGH MACDONALD
CONSTRUCTION, INC., a Florida corporation;
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
INC., a Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS,         INC.     n/k/a  WEINTRAUB
ENGINEERING AND INSPECTIONS, INC., a
Florida corporation; WOLF’S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
BROWN + COMPANY ARCHITECTURE, INC., a
Florida corporation; EXPERT PAINTING &
PRESSURE WASHING, INC., a Florida
corporation,

         Crossclaim Defendants.
                                         /

WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida Corporation; DON KING’S
CONCRETE INC., a Florida Corporation,

      Third-Party Plaintiff,

v.

ALL GLASS INSTALLATION COPRP., a Florida
corporation; CASEY HAWKINS GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited      liability   company;   HELBERG
ENGERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS, LLC, a
Florida limited liability company; E.R.O.
CONSTRUCTION, INC., a Florida Corporation;
LIOS CONCRETE CORP., a Florida Corporation;
and ATLANTIC CONCRETE SYSTEMS, INC., a
Florida Corporation,



     132990998.1
        Third-Party Defendants.
                                               /


NOTICE OF TAKING DEPOSITION OF DEFENDANT/CROSSCLAIM DEFENDANT,
  IMPERIAL BUILDING CORPORATION’S CORPORATE REPRESENTATIVE

       PLEASE TAKE NOTICE that counsel for Defendant/Crossclaim Plaintiff, ROYAL OAK

HOMES, LLC (“Royal Oak”), by and through the undersigned counsel, will take the deposition

of the Corporate Representative(s) for Defendant/Crossclaim Defendant, IMPERIAL BUILDING

CORPORATION (“Imperial”), by the officers, directors, managing agents or other persons

consenting to testify who are designated to do so concerning the topics attached in Exhibit “A”,

and the documents and records pursuant to the Duces Tecum request attached in Exhibit “B” for

discovery, use at trial or under Rule 1.310(b)(6) at:

       DATE:                    SEPTEMBER 14, 2023
       TIME:                   10:00 A.M.
       DEPONENT:               Corporate Representative(s) of Imperial Building Corporation
       LOCATION:               Via Zoom
                               https://us06web.zoom.us/j/83888823682?pwd=OVFBbWdaTzd
                               4eGZBY0JMVjVaQ3Q3UT09

                               Meeting ID: 838 8882 3682; Passcode: 942704

before a Notary Public of the office of Legal Realtime Reporting, Inc., or before some other officer

authorized by law to administer oaths, before Legal Realtime Reporting, Inc., a court reporter and

Notary Public, or before their duly designated representative, for discovery purposes, for use as

evidence at trial, or both, or for such other purposes as are permitted under the applicable and

governing rules. The deposition will continue from day to day until completed.




       132990998.1
                                             Exhibit A

        Pursuant to Fla. R. Civ. P. 1.310(b)(6), IMPERIAL (“YOU”) shall designate one or more
officers, directors, managing agents, or other persons who consent to testify on its behalf regarding
the following matters known or reasonably available to YOU:

1.     The scope of any and all work performed by YOU on the townhomes located in Osceola
       County, Florida, known as “Villas at Emerald Lake”, which is the subject matter of this
       action (the “Subject Property” or “Project”).

2.     The building codes, industry standards, and product specifications considered by YOU, at
       the time of the work, to be applicable to your work at the Subject Property.

3.     The means, methods, materials, policies, procedures, and personnel used by YOU in
       performing your work on the Subject Property.

4.     The means, methods, policies, procedures, and personnel used by YOU to ensure that your
       work complied with applicable building codes, industry standards, and product
       specifications, including permitting, approvals, requests for information, direction and
       supervision, coordination, inspections and scheduling of inspections, and integration of
       work with other trades.

5.     Your policies and procedures governing your conduct in the event your personnel
       observed, noticed, or discovered work by YOU at the Subject Property that appeared not
       to conform to the subcontract documents, applicable building codes, industry standards, or
       product specifications.

6.     The means, methods, policies, procedures, and personnel used by YOU to ensure that your
       work complied with the subcontract documents, applicable building codes, industry
       standards, and product specifications, including permitting, approvals, material selection,
       requests for information, direction and supervision, coordination and scheduling of work,
       inspections and scheduling of inspections, and integration of work with other trades.

7.     The existing conditions at the locations of your work at the Subject Property immediately
       prior to beginning your work at the Subject Property.

8.     Your permitting of the work performed at the Subject Property.

9.     Your communications with the general contractor, the subcontractors, and design
       professionals regarding the Subject Property.

10.    Your subcontract with the general contractor and the parties’ performance and/or non-
       performance of the subcontract.


11.    Efforts undertaken to identify and collect documents responsive to the Court’s Case
       Management Order and the production of documents related thereto.


       132990998.1
12.   The sequencing of the work at the Project.

13.   The names and titles of your employees or representatives who had any involvement with
      the Project, and the job responsibilities of each.

14.   The names and titles of all forepersons, supervisors, project managers, or superintendents,
      involved in the Project.

15.   Your practices, procedures, and activities relating to quality control, supervision of work
      by subcontractors, coordination of work by subcontractors, and approval of work by
      subcontractors hired by YOU in performing work on the Subject Property.

16.   All orders or opinions received by YOU before, during, and after construction of the
      Project at issue, by any consultants, subcontractors, inspectors, engineers, or government
      agencies concerning the construction, and your responses and activities taken regarding
      such orders or opinions.

17.   The entities with whom YOU entered into subcontracts, contracts, or agreements, either
      written or verbal, in connection with the Project, and the contents of all subcontracts,
      contracts, or agreements.

18.   Requests for information made to the Project Architect and/or Engineer of Record in
      connection with the Project.

19.   Change Orders submitted by entities in connection with the Project.

20.   All efforts taken by YOU to locate documents responsive to the Court’s Case Management
      Order and the documents in Schedule B.

21.   Your responses to discovery in this action.

22.   All facts supporting your affirmative defenses in this action.




      132990998.1
                                           Exhibit B

1.    Any and all documents that refer or relate to the Subject Property, including, without
      limitation, any document generated, transmitted, received or maintained by you that refers
      to the development, design, construction, management, ownership, conversion, repair,
      marketing, and sale of the Subject Property and/or the individual townhouse units
      contained in the Subject Property.

2.    Any and all documents that constitute, refer, or relate to communications about the Subject
      Property to or from any owner, officer, director, member, manager, employee, agent or
      representative of any of the other parties in this case.

3.    All contracts or modifications to contracts related to the design of the Project.

4.    All notices of commencement, permit applications, permits, County inspection records,
      and certificates of occupancy.

5.    All documents signed by a public entity relating to the Project including, but not limited
      to, inspection reports, and permit requirement documents.

6.    All plans (including permit plans, construction plans, and as-built plans), specifications, or
      other such documents related to the design of the Project.

7.    All documents in your possession, custody, or control relating to payment for the design
      or construction of the Project.

8.    All field memos, field reports, or other documents relating to the status of the planning,
      design, or construction of the Project.

9.    All job diaries, notes, meeting minutes, or other similar documents related to the design or
      construction of the Project.

10.   All analyses, conclusions, recommendations, correspondence, notes, reviews, reports,
      working papers or any other documents, internal or otherwise, relating to any person’s
      requests for time extensions, requests for information, claims, or requests for compensation
      related to the Project.

11.   All contracts, purchase orders and other agreements and amendments thereto relating to
      the Project including, but not limited to, all subcontracts and/or agreements and change
      orders thereto.

12.   All Change Orders relating to the Project.

13.   All submittals and transmittals relating to the Project.

14.   All laboratory and testing reports on materials or work associated with the design or
      construction of the Project.


      132990998.1
15.   All documents evidencing any changes or alterations in the design of the Project.

16.   All shop drawings, material submittals or installation procedures prepared by or obtained
      by Association relating to the Project.

17.   All manufacturers’ or suppliers’ instructions, standards, guidelines, brochures,
      representations, warranties or other documents relating to the Project.

18.   All documents related to the inspection or testing of the Project design or construction by
      any person or entity.

19.   Color copies of any photographs which are in any manner related to the subject matter of
      this Action.

20.   All videotapes which are in any manner related to the subject matter of this Action.

21.   All movie footage whether in electronic or physical form related to the Project.

22.   All punch lists or other similar documents relating to the design or construction of the
      Project.

23.   All documents and correspondence between YOU and any other party to this Action
      relating to the design or construction of the Project (this request excludes correspondence
      or other documents exchanged between counsel for the Parties).

24.   All correspondence or other documents between any other person, party or entity relating
      to any alleged defects in the design or construction of the Project.

25.   All documents involving any evaluation, investigation, study, or analysis of alleged defects
      in the design or construction of the Project.

26.   All documents, correspondence or tangible materials in your possession, custody, or
      control relating in any way to any defects and deficiencies being alleged to exist at the
      Project in this Action.

27.   All statements from any person or entity related to the Project or this Action.

28.   All documents related to any estimates, offers, bids, or any invitations for offers relating to
      any remediation efforts related to your allegations regarding the Project.

29.   All blank or standardized forms prepared or used by you or any other person relating to the
      construction, maintenance, or remediation of the Project.

30.   All documents concerning quality control procedures, supervision, coordination, orders or
      opinions of YOU, or any contractor, subcontractor, project manager or any other person
      related to the Project construction.


      132990998.1
31.   A list or log identifying those documents withheld from production in response to any
      objections you or your attorneys have or may have to any other requests herein.

32.   All contents of change order files including correspondence and notes among any
      architects, engineers, contractors, subcontractors, suppliers or specialists relating to
      construction, maintenance, or remediation of the Project.

33.   All photographs and videos pertaining to construction, maintenance, or remediation of the
      Project.

34.   All photographs related to damages asserted by any party to this litigation.

35.   All statements and interviews with persons associated with the design, construction, or
      remediation of the Project.

36.   A copy of all warranty documents, including extended warranty documents, relating to the
      Project.




      132990998.1