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3/4/2008 11:40 AM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 07-CA-18146
TS
GMAC MORTGAGE, LLC
PLAINTIFF,
VS.
HUY PHAN MAI, ET AL
DEFENDANT(S
EST F' DUCTION
Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned counsel in
accordance with Rules 1.280 and 1.350 of the Florida Rules of Civil Procedure, requests the
Defendant, MAGNOLIA LAKES AT GATEWAY HOMEOWNERS ASSOCIATION, INC., to
produce at the Law Office of David J. Stern, P-A., 801 South University Drive, Suite 500,
Plantation, Florida 33324 within the time set forth in the Florida Rules of Civil Procedure, the
following items:
DEFINITIONS AND INSTRUCTIONS
1. In this Request for Production:
A. "Document" and/or "Documents" refer to all original writings and records
of every type in your possession, control or custody, including but not limited to, memoranda,
correspondence, diaries, appointment books, telephone messages, calendars, notebooks, reports
(including drafts and preliminary, and intermediate, charts, books, magazines, pamphlets,
photographs, slides, films, motion pictures, videotapes, maps, bulletins, notes, log sheets,
ledgers, journals , bank checks, money orders, letters of credit , purchase orders, invoices,
transcripts, microfilm, computer data files , inputs, outputs, printouts, and all other computer
generated materials, tapes, mechanical or electronic sound recordings, vouchers, receipts,
financial statements and reports, accounting statements, bank statements, agreements, contracts,
acknowledgments, schedules, price lists, authorizations, budgets, analyses, projections,
transcripts, minutes of the meeting of any kind and telephone and telegraphic communications,
mechanical or otherwise. "Documents" also refers to copies of documents, if the originals are
not in your possession, custody or control; every copy of a document which contains handwritten
or other notations or which otherwise does not duplicate the original or any other copy; and all
attachments to any documents.
2. If any document is withheld under claim of privilege, please furnish a list
identifying each document for which the privilege is claimed, together with the following
information in sufficient detail so as to permit the Court to adjudicate the validity of the claimed
privilege; date, sender, recipient, type (i.e. letter memorandum, telegram, chart, photograph, etc.)
, Subject matter of the document, the basis on which privilege is claimed, and the paragraph or
paragraphs of this Request to which the document responds.
3. Where the same document is responsive to more than one of the categories below,
it need be produced only once.
4. If any document described in this Request was, but no longer is in your' possession, or subject to your custody or control, or in existence, please state whether it is
“missing or lost: whether it has been transferred, voluntarily or involuntarily, to others; or,
whether it has been disposed of otherwise. In each instance, explain the circumstances
surrounding such disposition and identify the person directing or authorizing same, and the date
thereof. Identify each document by listing its author and the author's address, type (i.e. letter,
memorandum, telegram, chart, photograph, etc.), date, subject matter, present location and
custodian, and state whether the document (or copies) are still in existence.
DOCUMENTS AND ITEMS REQUESTED
1. A copy of the portion(s) of the recorded Declaration of Covenants and/or any
Amendments thereto of MAGNOLIA LAKES AT GATEWAY HOMEOWNERS
ASSOCIATION, INC. relating to assessments and liability therefore, especially as related to the
first mortgagee.
I HEREBY CERTIFY that a true and correct copy of the Request for Production was sent
by mail and/or fax this 9_ day of _ebw A 2008 to:
RICHARD D. DEBOEST II, ESQUIRE
ATTORNEY FOR MAGNOLIA LAKES AT GATEWAY HOMEOWNERS ASSOCIATION,
INC.
2030 MCGREGOR BLVD
FT. MYERS, FL 33901
239-333-2999
MATTHEW L. KAHL |
Law Offices of David J. Stern, P.A.
801 S. University Drive, Suite 500
Plantation, FL 33324
(954) 233-8000
07-18591(GMAP) Florida Bar #: 766801
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3/4/2008 11:40 AM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 07-CA-18146 TS GMAC MORTGAGE, LLC PLAINTIFF, VS. HUY PHAN MAI, ET AL DEFENDANT(S EST F' DUCTION Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned counsel in accordance with Rules 1.280 and 1.350 of the Florida Rules of Civil Procedure, requests the Defendant, MAGNOLIA LAKES AT GATEWAY HOMEOWNERS ASSOCIATION, INC., to produce at the Law Office of David J. Stern, P-A., 801 South University Drive, Suite 500, Plantation, Florida 33324 within the time set forth in the Florida Rules of Civil Procedure, the following items: DEFINITIONS AND INSTRUCTIONS 1. In this Request for Production: A. "Document" and/or "Documents" refer to all original writings and records of every type in your possession, control or custody, including but not limited to, memoranda, correspondence, diaries, appointment books, telephone messages, calendars, notebooks, reports (including drafts and preliminary, and intermediate, charts, books, magazines, pamphlets, photographs, slides, films, motion pictures, videotapes, maps, bulletins, notes, log sheets, ledgers, journals , bank checks, money orders, letters of credit , purchase orders, invoices, transcripts, microfilm, computer data files , inputs, outputs, printouts, and all other computer generated materials, tapes, mechanical or electronic sound recordings, vouchers, receipts, financial statements and reports, accounting statements, bank statements, agreements, contracts, acknowledgments, schedules, price lists, authorizations, budgets, analyses, projections, transcripts, minutes of the meeting of any kind and telephone and telegraphic communications, mechanical or otherwise. "Documents" also refers to copies of documents, if the originals are not in your possession, custody or control; every copy of a document which contains handwritten or other notations or which otherwise does not duplicate the original or any other copy; and all attachments to any documents. 2. If any document is withheld under claim of privilege, please furnish a list identifying each document for which the privilege is claimed, together with the following information in sufficient detail so as to permit the Court to adjudicate the validity of the claimed privilege; date, sender, recipient, type (i.e. letter memorandum, telegram, chart, photograph, etc.) , Subject matter of the document, the basis on which privilege is claimed, and the paragraph or paragraphs of this Request to which the document responds. 3. Where the same document is responsive to more than one of the categories below, it need be produced only once. 4. If any document described in this Request was, but no longer is in your' possession, or subject to your custody or control, or in existence, please state whether it is “missing or lost: whether it has been transferred, voluntarily or involuntarily, to others; or, whether it has been disposed of otherwise. In each instance, explain the circumstances surrounding such disposition and identify the person directing or authorizing same, and the date thereof. Identify each document by listing its author and the author's address, type (i.e. letter, memorandum, telegram, chart, photograph, etc.), date, subject matter, present location and custodian, and state whether the document (or copies) are still in existence. DOCUMENTS AND ITEMS REQUESTED 1. A copy of the portion(s) of the recorded Declaration of Covenants and/or any Amendments thereto of MAGNOLIA LAKES AT GATEWAY HOMEOWNERS ASSOCIATION, INC. relating to assessments and liability therefore, especially as related to the first mortgagee. I HEREBY CERTIFY that a true and correct copy of the Request for Production was sent by mail and/or fax this 9_ day of _ebw A 2008 to: RICHARD D. DEBOEST II, ESQUIRE ATTORNEY FOR MAGNOLIA LAKES AT GATEWAY HOMEOWNERS ASSOCIATION, INC. 2030 MCGREGOR BLVD FT. MYERS, FL 33901 239-333-2999 MATTHEW L. KAHL | Law Offices of David J. Stern, P.A. 801 S. University Drive, Suite 500 Plantation, FL 33324 (954) 233-8000 07-18591(GMAP) Florida Bar #: 766801