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IN THE CIRCUIT COURT OF THE i2TH
JUDICIAL CIRCUIT IN AND FOR
SARASOTA COUNTY, FLORIDA
CTVIL DIVISION
NATIONAL CREDIT UNION ADMINISTRATION
BOARD, in its capacity as Liquidating Agent for CASE NO.: 2008-CA-004486 NC
HURON RIVER AREA CREDIT UNION, a
Michigan Corporation,
Plaintiff,
VS.
ORRIS A. RODAHL and GULFSTREAM
DEVELOPMENT GROUP, LLC, a Florida limited
liability company,
Defendants. /
PLAINTIFF’S RESPONSE TO DEFENDANT’S
SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff, National Credit Union Administration, in its capacity as liquidating agent of
Huron River Area Credit Union (“NCUA”), by and through its undersigned counsel, pursuant to
Fla. R. Civ. P. 1.350, as and for its Response to the correspondingly numbered paragraphs of
Defendant’s Second Request for Production of Documents, states:
RESPONSES
l. Ali such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
2. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
3. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
4. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, and are not subject to the attorney-client and/or work product
privileges, have previously been produced or have been produced concurrent
herewith. A privilege log has been served concurrent herewith.
19475 v_01 \ 1205220017
Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 1 of 3CASE NO.: 2008-CA-004486 NC
5. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have been produced concurrent herewith.
6. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
7. Plaintiff is not the author of the Material Loss Review of Huron River Area Credit
Union, Report # 076-08-10, November 26, 2008 (hereinafter “Material Loss
Report”), and therefore no such documents are in the care, custody or control of
Plaintiff. Furthermore, Plaintiff objects to this request on the grounds that all
documents created in connection with, concerning, pertaining or relating in any
way to the NCUA’s examination and supervision of insured credit unions,
including examination reports, internal memoranda and correspondence, are
nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally prohibited
from disclosing said documents pursuant to 12 CFR 792.40.
8. Plaintiff has no knowledge of which documents were used to support the findings
in the Material Loss Report. Furthermore, Plaintiff objects to this request on the
grounds that all documents created in connection with, concerning, pertaining or
relating in any way to the NCUA’s examination and supervision of insured credit
unions, including examination reports, intemal memoranda and correspondence,
are nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally
prohibited ftom disclosing said documents pursuant to 12 CFR 792.40. Inasmuch
as Plaintiff has documents relating to Huron’s third-party relationship with the
Construction Loan Company from 1997 to the present, they have previously been
produced to Defendant.
9. Plaintiff has no knowledge of which documents were used to support the findings
in the Material Loss Report. Furthermore, Plaintiff objects to this request on the
grounds that all documents created in connection with, concerning, pertaining or
relating in any way to the NCUA’s examination and supervision of insured credit
unions, including examination reports, internal memoranda and correspondence,
are nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally
prohibited from disclosing said documents pursuant to 12 CFR 792.40.
10. Nosuch documents exist or are in the care, custody or control of Plaintiff.
11. ATi such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
12. All such documents, to the extent that they exist and are in the care, custody or
control of Plaintiff, have previously been produced.
19475 v_O1\ 120522.0017
Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 2 of 3CASE NO.: 2008-CA-004486 NC
13. No such documents exist.
Florida Bar N6- 328758
ROETZEL & ANDRESS, LPA
P.O. Box 9748
Fort Lauderdale, FL 33310
Tel.: (954) 462-4150
Fax: (954) 462-4260
Attorney for Plaintiff
Islitow@ralaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of June, 2009, a true and correct copy of the
foregoing was furnished via overnight mail to:
G. Wrede Kirkpatrick, Esquire
Attorney for Defendant Orris A. Rodahi
Conwell Kirkpatrick, P.A.
2701 North Rocky Point Drive, Suite 1200
Tampa, FL 33607
a,
Laurence §. Litow, Esdui
19475 v_O1 \ §203522.0017
Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 3 of 3
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IN THE CIRCUIT COURT OF THE i2TH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CTVIL DIVISION NATIONAL CREDIT UNION ADMINISTRATION BOARD, in its capacity as Liquidating Agent for CASE NO.: 2008-CA-004486 NC HURON RIVER AREA CREDIT UNION, a Michigan Corporation, Plaintiff, VS. ORRIS A. RODAHL and GULFSTREAM DEVELOPMENT GROUP, LLC, a Florida limited liability company, Defendants. / PLAINTIFF’S RESPONSE TO DEFENDANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, National Credit Union Administration, in its capacity as liquidating agent of Huron River Area Credit Union (“NCUA”), by and through its undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, as and for its Response to the correspondingly numbered paragraphs of Defendant’s Second Request for Production of Documents, states: RESPONSES l. Ali such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 2. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 3. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 4. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, and are not subject to the attorney-client and/or work product privileges, have previously been produced or have been produced concurrent herewith. A privilege log has been served concurrent herewith. 19475 v_01 \ 1205220017 Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 1 of 3CASE NO.: 2008-CA-004486 NC 5. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have been produced concurrent herewith. 6. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 7. Plaintiff is not the author of the Material Loss Review of Huron River Area Credit Union, Report # 076-08-10, November 26, 2008 (hereinafter “Material Loss Report”), and therefore no such documents are in the care, custody or control of Plaintiff. Furthermore, Plaintiff objects to this request on the grounds that all documents created in connection with, concerning, pertaining or relating in any way to the NCUA’s examination and supervision of insured credit unions, including examination reports, internal memoranda and correspondence, are nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally prohibited from disclosing said documents pursuant to 12 CFR 792.40. 8. Plaintiff has no knowledge of which documents were used to support the findings in the Material Loss Report. Furthermore, Plaintiff objects to this request on the grounds that all documents created in connection with, concerning, pertaining or relating in any way to the NCUA’s examination and supervision of insured credit unions, including examination reports, intemal memoranda and correspondence, are nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally prohibited ftom disclosing said documents pursuant to 12 CFR 792.40. Inasmuch as Plaintiff has documents relating to Huron’s third-party relationship with the Construction Loan Company from 1997 to the present, they have previously been produced to Defendant. 9. Plaintiff has no knowledge of which documents were used to support the findings in the Material Loss Report. Furthermore, Plaintiff objects to this request on the grounds that all documents created in connection with, concerning, pertaining or relating in any way to the NCUA’s examination and supervision of insured credit unions, including examination reports, internal memoranda and correspondence, are nonpublic records pursuant to 12 CFR 792.11, and the NCUA is legally prohibited from disclosing said documents pursuant to 12 CFR 792.40. 10. Nosuch documents exist or are in the care, custody or control of Plaintiff. 11. ATi such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 12. All such documents, to the extent that they exist and are in the care, custody or control of Plaintiff, have previously been produced. 19475 v_O1\ 120522.0017 Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 2 of 3CASE NO.: 2008-CA-004486 NC 13. No such documents exist. Florida Bar N6- 328758 ROETZEL & ANDRESS, LPA P.O. Box 9748 Fort Lauderdale, FL 33310 Tel.: (954) 462-4150 Fax: (954) 462-4260 Attorney for Plaintiff Islitow@ralaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of June, 2009, a true and correct copy of the foregoing was furnished via overnight mail to: G. Wrede Kirkpatrick, Esquire Attorney for Defendant Orris A. Rodahi Conwell Kirkpatrick, P.A. 2701 North Rocky Point Drive, Suite 1200 Tampa, FL 33607 a, Laurence §. Litow, Esdui 19475 v_O1 \ §203522.0017 Filed for Record 06/17/2009 03:15 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004486 NC Dkt-24632010 Page 3 of 3