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

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                                Filing # 176883164 E-Filed 07/07/2023 09:11:32 AM


                      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,                              Case No.: 2020-CA-002942
        v.

        ROYAL OAK HOMES, LLC, a Florida limited
        liability company; 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;
        THE DIMILLO GROUP, LLC, a Florida limited
        liability company; WOLF’S IRRIGATIONS &
        LANDSCAPING, INC., a Florida corporation;
        SUMMERPARK HOMES, INC., a Florida
        corporation;    BROWN      +    COMPANY
        ARCHITECTURE, INC., a Florida corporation,

                 Defendants.
        _________________________________________/
        ROYAL OAK HOMES, LLC, a Florida limited
        liability company;

              Crossclaim Plaintiff,
        v.

        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,

     Crossclaim Defendants.
_________________________________________/

               SUBPOENA DUCES TECUM WITHOUT DEPOSITION
      [MAIL–IN REQUEST ONLY, NO PHYSICAL APPEARANCE NECESSARY]

THE STATE OF FLORIDA:

TO:   Noland’s Roofing, Inc.
      c/o Greg S. Noland, Registered Agent
      1295 W Hwy 50
      Clermont, FL 34711

       YOU ARE HEREBY COMMANDED to Butler Weihmuller Katz Craig LLP, 400 N.
Ashley Drive, Suite 2300, Tampa, Florida 33602, within twenty (20) days of the date of
receipt, the following:
                           See Exhibit “A” attached hereto.

       You may comply with this Subpoena by providing legible copies of the items to be
produced to the attorney 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 to 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 attorney 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,

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you may be in contempt of Court. You are subpoenaed by the following attorney, and
unless excused from this Subpoena by this attorney or the Court, you shall respond to
this Subpoena as directed.

      DATED on July ______, 2023.

                                       ASHLEY M. MATTINGLY, ESQ.
                                       For the Court




Ashley M. Mattingly, Esq.
Florida Bar No.: 106094
amattingly@butler.legal
Secondary: krieck@butler.legal
BUTLER WEIHMULLER KATZ CRAIG LLP
400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (813) 281-1900
Facsimile: (813) 281-0900
Counsel for Defendant/Crossclaim Defendant
Hugh MacDonald Construction, Inc.

       IF DUPLICATION OF THE REQUESTED RECORDS WILL COST IN
       EXCESS OF $100.00, WE REQUEST THAT YOU CONTACT OUR
       OFFICE PRIOR TO DUPLICATING/SENDING THE RECORDS. ALL
       INVOICES MUST BE ITEMIZED.




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                                       EXHIBIT “A”

                                       DEFINITIONS

        1.       “You,” “your” or “NOLAND’S ROOFING” means NOLAND’S ROOFING,
INC., its affiliates, agents, employees and representatives.

         2. “Project” pertains to the townhomes of the Villas at Emerald Lake
community located in Kissimmee, Osceola County, Florida that is the subject of this
litigation.
        3.    “Association” means Plaintiff, VILLAS AT EMERALD LAKE ASSOCIATION,
INC., its agents, employees, and representatives
        4.     The term “document” or “documents” is used in its broadest sense and
includes, without limitation, drafts, documents, whether printed, recorded, stored or
reproduced by any mechanical or electronic process, or written or produced by hand, and
including computer tapes (including backup tapes) and all other computer-related
documents, within your possession, custody or control. “Documents” shall also include
(1) each copy that is not identical to the original or to any other copy, and (2) any tangible
thing that is called for by or identified in response to any request. “Document” as used
herein shall be construed broadly to include all documents and things within the scope of
the Florida Rules of Civil Procedure and refers to all writings or other graphic matter, as
well as any other medium by which information is stored or recorded. It includes originals,
drafts, copies and reproductions; and it includes, without limiting the generality of the
foregoing, letters; memoranda; reports and/or summaries of investigations; police reports;
accident reports; opinions or reports of consultants; diagrams; marginal comments
appearing on any documents; accounts; telegrams; studies; lists of persons attending
meetings or conferences; records or memoranda of telephone conversations; written
statements; transcripts or recorded statements; recorded statements; records of personal
conversations or interviews; calculations; computations; specifications; drawings;
advertisements; circulars; trade letters; press releases; prints; recordings; positive or
negative films, slides or photographs; magnetic, electronic or video tapes; computer
tapes, cards or printouts; and all other things of like nature; and any and all containers,
boxes or other receptacles or repositories housing or containing such “documents.”

       5.     The word "communication" means any oral statement, dialogue, colloquy,
discussion, correspondence, or conversation and any other transfer of thoughts or ideas
between persons by means of documents, including any transfer of data from one location
to another by electrical or similar means.

       6.     The term ”referring” or “relating” shall mean showing, disclosing, averting
to, comprising, evidencing, constituting or reviewing.

      7.     The term "Person" means a natural person, firm, association, partnership,
corporation or another form of legal or business entity, public or private.

       8.     The singular includes the plural and vice versa; the words “and” and “or”
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shall be both conjunctive; the word “all” means “any and all”; the word “any” means “any
and all”; the word “including” means “including, without limitation.”

       9.     All other words have their plain and ordinary meaning.

                                  DOCUMENTS REQUESTED

Your complete file regarding the Project, including but not limited to the following:

1.     All written contracts, agreements, estimates, and proposals, and any amendments
       thereto, between NOLAND’S ROOFING and any Person relating to the Project.

2.     All photographs, reports, observations, and other documents relating to any work,
       services, or inspections performed by NOLAND’S ROOFING at the Project.

3.     All communications, correspondence, emails or other documentation exchanged
       between NOLAND’S ROOFING and the ASSOCIATION and/or its representatives
       pertaining to the Project.

4.     All communications, correspondence, emails or other documentation exchanged
       between NOLAND’S ROOFING and any third party, including fire inspectors,
       building inspectors, building departments, plans reviewers, or other Authorities
       Having Jurisdiction pertaining to the Project.

5.     All computer files, e-mails, and electronic data files of any kind relating to the
       Project.

6.     All field notes, handwritten notes, meeting notes, meeting minutes, drawings,
       sketches, and engineering documents prepared or received by NOLAND’S
       ROOFING pertaining to the Project.

7.     All agreements, bids, estimates, proposals, communications, correspondence,
       emails or other documentation sent or received by NOLAND’S ROOFING
       pertaining to the Project.

8.     All daily reports, field reports, logs, records, dated diaries or other documents
       pertaining to the roofs at the Project.

9.     All submittals, designs, plans, drawings or other documentation prepared by,
       reviewed, sent, or received by NOLAND’S ROOFING pertaining to the Project.

10.    All change orders, change order proposals, field orders or work orders relating to
       the roofs on the Project.

11.    All Requests for Information and responses thereto sent or received by NOLAND’S
       ROOFING pertaining to the Project.

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12.   All applications or requests for payments or invoicing, and checks or other
      documentation evidencing payment for any work, services or inspections
      performed by NOLAND’S ROOFING at the Project.

13.   All permits obtained by NOLAND’S ROOFING for any work or services performed
      at the Project.

14.   All contractor and occupational licenses of NOLAND’S ROOFING qualifying it from
      the date of commencement of your scope of services on the Project.

15.   All insurance policies, including applicable declaration pages, and certificates of
      insurance from the date of commencement from your scope of services on this
      Project.




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