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Filing # 17013884 Electronically Filed 08/12/2014 04:16:08 PM
IN THE CIRCUIT COURT FOR LAKE COUNTY,
FLORIDA
Case No. 2012-CA-3843
KAREN J. ROBERTSON, Trustee of the
ROSEMARY A. RYAN REVOCABLE TRUST,
JOINED BY DIANA M. DAVENPORT,
Plaintiffs,
VS.
MARK R. RYAN and ROBERT P. RYAN, II,
Defendants.
/
MOTION TO COMPEL PRODUCTION
Defendants, through their undersigned counsel, move to compel Plaintiffs, Karen J.
Robertson, Trustee, and Diana M. Davenport, to produce documents listed in Defendant’s First
Request to Produce, and as grounds state the following:
1. On May 5, 2014, Defendants deposed Plaintiffs. Plaintiff Trustee, Karen J.
Robertson, failed to provide documents requested at her deposition.
2. On July 1, 2014, Defendants filed and served their first production request in which
they reiterated their request.
3. On August 5, 2014, Plaintiff filed Objection to Defendants’ First Request to
Produce stating: “It is Plaintiffs’ belief that all matters before the court were ruled on by the court
on May 15, 2014, except for the issue of attorney's fees and costs. The production Defendants are
requesting is irrelevant and immaterial to the remaining issue.”
4. Defendants, as parties, are entitled, pursuant to Rule 1.350, Florida Rules of Civil
*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***Procedure, to the process of discovery. Attorney fees requested by Plaintiffs are believed to be
related to efforts by Plaintiff Trustee, Karen J. Robertson and Plaintiff Diana M. Davenport to
sell/purchase the Trust property at below market value and, hence, electronic mail between them is
relevant to the services being provided.
4. Defendants, as Trust beneficiaries, are entitled to confirm the loyalty and impartial
administration of the Trust by the Plaintiff Trustee, Karen J. Robertson, though the discovery
process before the Court rules on attorney fee issues.
Wherefore, Defendants move for an order compelling Plaintiffs to comply with
Defendants’ First Request to Produce and pray for an award of fees and costs for this Motion and
any hearing thereon.
/s/ Robert C. Wilkins, Jr.
Robert C. Wilkins, Jr., B.C.S.
Florida Bar No.: 377732
ROBERT C. WILKINS, JR., P.L.
341 N. Maitland Avenue, Suite 346
Maitland, Florida 32751
407-539-2798 (telephone)
407-539-1995 (facsimile)
Attorney for DEFENDANTS
Service@wilkinslegal.com
CLA@wilkinsl com
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true copy of the foregoing has been filed with the Court and
provided by electronic mail to David E. Cauthen, Esquire, 131 West Main Street, Tavares,
Florida 32778, at cauthenoldham@comeast.net and debracauthenoldham@comeast.net on this 12"
day of August, 2014.
/s/ Robert C. Wilkins Jr.
Robert C. Wilkins, Jr.
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Filing # 17013884 Electronically Filed 08/12/2014 04:16:08 PM IN THE CIRCUIT COURT FOR LAKE COUNTY, FLORIDA Case No. 2012-CA-3843 KAREN J. ROBERTSON, Trustee of the ROSEMARY A. RYAN REVOCABLE TRUST, JOINED BY DIANA M. DAVENPORT, Plaintiffs, VS. MARK R. RYAN and ROBERT P. RYAN, II, Defendants. / MOTION TO COMPEL PRODUCTION Defendants, through their undersigned counsel, move to compel Plaintiffs, Karen J. Robertson, Trustee, and Diana M. Davenport, to produce documents listed in Defendant’s First Request to Produce, and as grounds state the following: 1. On May 5, 2014, Defendants deposed Plaintiffs. Plaintiff Trustee, Karen J. Robertson, failed to provide documents requested at her deposition. 2. On July 1, 2014, Defendants filed and served their first production request in which they reiterated their request. 3. On August 5, 2014, Plaintiff filed Objection to Defendants’ First Request to Produce stating: “It is Plaintiffs’ belief that all matters before the court were ruled on by the court on May 15, 2014, except for the issue of attorney's fees and costs. The production Defendants are requesting is irrelevant and immaterial to the remaining issue.” 4. Defendants, as parties, are entitled, pursuant to Rule 1.350, Florida Rules of Civil *** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***Procedure, to the process of discovery. Attorney fees requested by Plaintiffs are believed to be related to efforts by Plaintiff Trustee, Karen J. Robertson and Plaintiff Diana M. Davenport to sell/purchase the Trust property at below market value and, hence, electronic mail between them is relevant to the services being provided. 4. Defendants, as Trust beneficiaries, are entitled to confirm the loyalty and impartial administration of the Trust by the Plaintiff Trustee, Karen J. Robertson, though the discovery process before the Court rules on attorney fee issues. Wherefore, Defendants move for an order compelling Plaintiffs to comply with Defendants’ First Request to Produce and pray for an award of fees and costs for this Motion and any hearing thereon. /s/ Robert C. Wilkins, Jr. Robert C. Wilkins, Jr., B.C.S. Florida Bar No.: 377732 ROBERT C. WILKINS, JR., P.L. 341 N. Maitland Avenue, Suite 346 Maitland, Florida 32751 407-539-2798 (telephone) 407-539-1995 (facsimile) Attorney for DEFENDANTS Service@wilkinslegal.com CLA@wilkinsl com CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true copy of the foregoing has been filed with the Court and provided by electronic mail to David E. Cauthen, Esquire, 131 West Main Street, Tavares, Florida 32778, at cauthenoldham@comeast.net and debracauthenoldham@comeast.net on this 12" day of August, 2014. /s/ Robert C. Wilkins Jr. Robert C. Wilkins, Jr.