Preview
Filed
13 July 31 P4:25
Gary Fitzsimmons
District Clerk
Dallas District
CAUSE NUMBER DC-12-07867
RED MANGO FC, LLC § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
§
vs. §
§
HOWARD GROSSER § 160th JUDICIAL DISTRICT
Defendant/Counter-Plaintiff, §
and §
§
PHROZEN ASSETS LLC
§ DALLAS COUNTY, TEXAS
Third-Party Plaintiff.
§
PLAINTIFF’S AMENDED MOTION FOR ISSUANCE OF A COMMISSION
FOR AN OUT-OF-STATE SUBPOENA FOR DEPOSITION
TO LAWRENCE GROSSER
COMES NOW Plaintiff Red Mango FC, LLC, pursuant to Tex. R. Civ. P. 201.1, and respectfully
petitions the Court for an Order, in the form attached hereto as Exhibit A, directing the Clerk of Court to
issue a Commission, in the form attached hereto as Exhibit B, to the Clerk of Court for Palm Beach
County, Florida, for purposes of issuing a Subpoena Duces Tecum for Deposition to non-party Lawrence
Grosser, for oral deposition and the production of certain documents and things, as listed in the Subpoena
Duces Tecum for Deposition attached hereto as Exhibit C. An Order directing issuance of a Commission
is warranted in light of the following:
1. Lawrence Grosser is knowledgeable about certain facts and in possession of certain
documents and materials that are relevant to the present suit;
2. Plaintiff wishes to seek discovery from Lawrence Grosser, and to compel, by issuance and
service of a subpoena in the State of Florida, the oral deposition and production of said documents and
other materials;
3. Lawrence Grosser, residing at 7191 Via Palomar, Boca Raton, Florida 33433, is outside
the jurisdiction of this Court, and cannot be compelled to give an oral deposition or produce documents or
other materials relevant to this matter other than by issuance of such a Commission; and
AMENDED MOTION FOR ISSUANCE OF A COMMISION FOR
AN OUT-OF-STATE SUBPOENA PAGE - 1
4. In order to effectuate this notice and secure the oral deposition and production of
documents and other materials relevant to this matter from Lawrence Grosser, a Commission should be
issued to the Clerk of Court for Palm Beach County, Florida, pursuant to the laws of the State of
Florida, to issue a Subpoena Duces Tecum for Deposition to compel the oral deposition and production
of documents relevant to this suit from Lawrence Grosser.
For the foregoing reasons, Plaintiff respectfully requests that the Court authorize the
issuance of a Commission to compel the oral deposition and production of documents from
Lawrence Grosser, in accordance with the Texas Rules of Civil Procedure.
DATED this day of , 2013.
Respectfully Submitted,
______________________________
Cheryl Mullin
Texas State Bar No. 24037807
Christianne Edlund
Texas State Bar No. 24072083
Mullin Law, PC
2425 N. Central Expy., Suite 200
Richardson, Texas 75080
(972) 852-1708 – Telephone
(972) 931-0124 – Facsimile
ATTORNEYS FOR PLAINTIFF
AMENDED MOTION FOR ISSUANCE OF A COMMISION FOR
AN OUT-OF-STATE SUBPOENA PAGE - 2
CERTIFICATE OF SERVICE
I hereby certify that on July 31, 2013, a true and correct copy of the foregoing document was
served in accordance with Rule 21a to the following parties:
Christopher J. Akin
LYNN TILLOTSON PINKER & COX, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Mitchell J. Kassoff
Two Foster Court
So. Orange, N.J. 07079-1002
COUNSEL FOR DEFENDANT
_________________________________
Christianne Edlund
EXHIBIT A
CAUSE NUMBER DC-12-07867
RED MANGO FC, LLC § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
§
vs. §
§
HOWARD GROSSER § 160th JUDICIAL DISTRICT
Defendant/Counter-Plaintiff, §
and §
§
PHROZEN ASSETS LLC
§ DALLAS COUNTY, TEXAS
Third-Party Plaintiff.
§
ORDER FOR ISSUANCE OF COMMISSION
This matter having come before the Court upon Motion by Plaintiff Red Mango FC,
LLC, for an Order directing the Clerk of Court to issue a Commission for an out-of- state Subpoena
Duces Tecum for Deposition to a non-party, Lawrence Grosser, and it appearing to the Court that:
(1) the same is necessary and convenient for the prosecution of this action;
(2) all parties have been served with Plaintiff’s Motion for Issuance of a Commission for an Out-
of-State Subpoena Duces Tecum for Deposition to Lawrence Grosser and the proposed Subpoena Duces
Tecum for Deposition to be issued by the Clerk of Court for Palm Beach County, Florida; and
(3) the requested Commission is necessary to cause the Clerk of Court for Palm Beach County,
Florida to issue a Subpoena Duces Tecum for Deposition under the laws of the State of Florida.
IT IS HEREBY ORDERED that the Clerk of Court shall issue a Commission to the Clerk of
Court for Palm Beach County, Florida, and that a copy of this Order shall be attached to such
Commission.
SIGNED this day of , 2013.
HON. JIM JORDAN
160TH JUDICIAL DISTRICT
ORDER FOR ISSUANCE OF COMMISSION PAGE - 1
EXHIBIT B
CAUSE NUMBER DC-12-07867
RED MANGO FC, LLC § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
§
vs. §
§
HOWARD GROSSER § 160th JUDICIAL DISTRICT
Defendant/Counter-Plaintiff, §
and §
§
PHROZEN ASSETS LLC
§ DALLAS COUNTY, TEXAS
Third-Party Plaintiff.
§
COMMISSION TO ISSUE AN OUT-OF-STATE SUBPOENA
DUCES TECUM FOR DEPOSITION TO LAWRENCE GROSSER
TO: Clerk of Court
Palm Beach County, Florida
GREETINGS: Pursuant to Order of the 160th Judicial District Court of Dallas
County, Texas, attached hereto as Exhibit A, you are requested to issue a Subpoena Duces Tecum
for Deposition, in the form and manner of Exhibit B attached hereto, to Lawrence Grosser. This
commission appoints Special Delivery, 5470 L.B.J. Freeway, Dallas, Texas 75240, as the authorized
service officer for service of the Subpoena Duces Tecum for Deposition.
WITNESS, this the day of , 2013 by the Clerk of Court for
the 160th District Court of Dallas, County, Texas.
CLERK OF COURT
160TH JUDICIAL DISTRICT
COMMISION TO ISSUE AN OUT-OF-STATE
SUBPOENA DUCES TECUM FOR DEPOSITION PAGE - 1
EXHIBIT C
IN THE COURT OF PALM BEACH COUNTY
STATE OF FLORIDA
RED MANGO FC, LLC § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
§
vs. § 160th JUDICIAL DISTRICT
§
HOWARD GROSSER §
Defendant/Counter-Plaintiff, §
and § DALLAS COUNTY, TEXAS
§
PHROZEN ASSETS LLC
§
Third-Party Plaintiff.
§ CAUSE NO. DC-12-07867
SUBPOENA DUCES TECUM FOR DEPOSITION
TO: Lawrence Grosser
7191 Via Palomar
Boca Raton, Florida 33433
Palm Beach County, Florida
YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take
depositions at 515 North Flagler Drive, Suite 1701, in West Palm Beach, Florida, on September 30, 2013,
at 9 a.m., for the taking of the deposition in this action, and to have with you at that time and place the
following:
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and J.M.A. Contracting, Inc. in connection with the development and
construction of the Red Mango store located in the Galleria Mall at 2414 East Sunrise Blvd., Ft.
Lauderdale, Florida (“Red Mango Store”).
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and Load King in connection with the development and construction of the
Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and any contractor in connection with the development and construction of
the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and Red Mango FC, LLC in connection with the Red Mango Store.
1
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and Defendant Howard Grosser in connection with the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and any person connection with the site-selection for the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present, between
Lawrence Grosser and Michael Mogerman or any other real-estate broker in connection with
the site-selection for the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and any Red Mango franchisee other than Howard Grosser.
You are subpoenaed by attorneys whose name appears on this subpoena and unless excused from
this subpoena by the attorneys or the Court, you shall respond to this subpoena as directed. If you fail to
appear, you may be in contempt of court.
DATED this day of , 2013.
MULLIN LAW, PC
______________________________
Cheryl Mullin
Texas State Bar No. 24037807
Christianne Edlund
Texas State Bar No. 24072083
2425 N. Central Expy., Suite 200
Richardson, Texas 75080
(972) 852-1708 – Telephone
(972) 931-0124 – Facsimile
ATTORNEYS FOR PLAINTIFF
DATED this day of , 2013.
CLERK OF COURT
PALM BEACH COUNTY, FLORIDA
2
IN THE COURT OF PALM BEACH COUNTY
STATE OF FLORIDA
RED MANGO FC, LLC § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
§
vs. § 160th JUDICIAL DISTRICT
§
HOWARD GROSSER §
Defendant/Counter-Plaintiff, §
and § DALLAS COUNTY, TEXAS
§
PHROZEN ASSETS LLC
§
Third-Party Plaintiff. CAUSE NO. DC-12-07867
§
PLAINTIFF’S AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER
To: Lawrence Grosser, 7191 Via Palomar, Boca Raton, Florida 33433.
You are notified that on September 30, 2013, at 9:00 a.m., at the office of Esquire Deposition
Services, located at 515 North Flagler Drive, Suite 1701, West Palm Beach, Palm Beach County, Florida,
Christianne Edlund, attorney for Plaintiff will take the deposition of Lawrence Grosser, whose address is
7191 Via Palomar, Boca Raton, Palm Beach County, Florida, on oral examination before a court reporter
provided by Esquire Deposition Services. The deposition shall continue from day to day until completed.
The deposition shall be used for discovery purposes and may be introduced as evidence on the trial of the
above-entitled action.
A subpoena duces tecum will be served on Lawrence Grosser and will direct the production of the
following materials:
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and J.M.A. Contracting, Inc. in connection with the development
and construction of the Red Mango store located in the Galleria Mall at 2414 East Sunrise
Blvd., Ft. Lauderdale, Florida (“Red Mango Store”).
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and Load King in connection with the development and
construction of the Red Mango Store.
AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER PAGE - 1
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and any contractor in connection with the development and
construction of the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and Red Mango FC, LLC in connection with the Red Mango
Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and Defendant Howard Grosser in connection with the Red
Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and any person connection with the site-selection for the Red
Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and Michael Mogerman or any other real-estate broker in
connection with the site-selection for the Red Mango Store.
A true and correct copy of each document evidencing in any way correspondence or other
communications, including emails and text messages, from August 2010 until present,
between Lawrence Grosser and any Red Mango franchisee other than Howard Grosser.
A true and correct copy of each document used in connection with the site selection of the
Red Mango Store.
Dated: July 31, 2013 Respectfully Submitted,
______________________________
Cheryl Mullin
Texas State Bar No. 24037807
Christianne Edlund
Texas State Bar No. 24072083
Mullin Law, PC
2425 N. Central Expy., Suite 200
Richardson, Texas 75080
(972) 852-1708 – Telephone
(972) 931-0124 – Facsimile
ATTORNEYS FOR PLAINTIFF
AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER PAGE - 2
CERTIFICATE OF SERVICE
I hereby certify that on July 31, 2013, a true and correct copy of the foregoing document was
served to the following parties:
Christopher J. Akin
LYNN TILLOTSON PINKER & COX, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Mitchell J. Kassoff
Two Foster Court
So. Orange, N.J. 07079-1002
COUNSEL FOR DEFENDANT
_________________________________
Christianne Edlund
Preview
Filed 13 July 31 P4:25 Gary Fitzsimmons District Clerk Dallas District CAUSE NUMBER DC-12-07867 RED MANGO FC, LLC § IN THE DISTRICT COURT Plaintiff/Counter-Defendant, § § vs. § § HOWARD GROSSER § 160th JUDICIAL DISTRICT Defendant/Counter-Plaintiff, § and § § PHROZEN ASSETS LLC § DALLAS COUNTY, TEXAS Third-Party Plaintiff. § PLAINTIFF’S AMENDED MOTION FOR ISSUANCE OF A COMMISSION FOR AN OUT-OF-STATE SUBPOENA FOR DEPOSITION TO LAWRENCE GROSSER COMES NOW Plaintiff Red Mango FC, LLC, pursuant to Tex. R. Civ. P. 201.1, and respectfully petitions the Court for an Order, in the form attached hereto as Exhibit A, directing the Clerk of Court to issue a Commission, in the form attached hereto as Exhibit B, to the Clerk of Court for Palm Beach County, Florida, for purposes of issuing a Subpoena Duces Tecum for Deposition to non-party Lawrence Grosser, for oral deposition and the production of certain documents and things, as listed in the Subpoena Duces Tecum for Deposition attached hereto as Exhibit C. An Order directing issuance of a Commission is warranted in light of the following: 1. Lawrence Grosser is knowledgeable about certain facts and in possession of certain documents and materials that are relevant to the present suit; 2. Plaintiff wishes to seek discovery from Lawrence Grosser, and to compel, by issuance and service of a subpoena in the State of Florida, the oral deposition and production of said documents and other materials; 3. Lawrence Grosser, residing at 7191 Via Palomar, Boca Raton, Florida 33433, is outside the jurisdiction of this Court, and cannot be compelled to give an oral deposition or produce documents or other materials relevant to this matter other than by issuance of such a Commission; and AMENDED MOTION FOR ISSUANCE OF A COMMISION FOR AN OUT-OF-STATE SUBPOENA PAGE - 1 4. In order to effectuate this notice and secure the oral deposition and production of documents and other materials relevant to this matter from Lawrence Grosser, a Commission should be issued to the Clerk of Court for Palm Beach County, Florida, pursuant to the laws of the State of Florida, to issue a Subpoena Duces Tecum for Deposition to compel the oral deposition and production of documents relevant to this suit from Lawrence Grosser. For the foregoing reasons, Plaintiff respectfully requests that the Court authorize the issuance of a Commission to compel the oral deposition and production of documents from Lawrence Grosser, in accordance with the Texas Rules of Civil Procedure. DATED this day of , 2013. Respectfully Submitted, ______________________________ Cheryl Mullin Texas State Bar No. 24037807 Christianne Edlund Texas State Bar No. 24072083 Mullin Law, PC 2425 N. Central Expy., Suite 200 Richardson, Texas 75080 (972) 852-1708 – Telephone (972) 931-0124 – Facsimile ATTORNEYS FOR PLAINTIFF AMENDED MOTION FOR ISSUANCE OF A COMMISION FOR AN OUT-OF-STATE SUBPOENA PAGE - 2 CERTIFICATE OF SERVICE I hereby certify that on July 31, 2013, a true and correct copy of the foregoing document was served in accordance with Rule 21a to the following parties: Christopher J. Akin LYNN TILLOTSON PINKER & COX, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Mitchell J. Kassoff Two Foster Court So. Orange, N.J. 07079-1002 COUNSEL FOR DEFENDANT _________________________________ Christianne Edlund EXHIBIT A CAUSE NUMBER DC-12-07867 RED MANGO FC, LLC § IN THE DISTRICT COURT Plaintiff/Counter-Defendant, § § vs. § § HOWARD GROSSER § 160th JUDICIAL DISTRICT Defendant/Counter-Plaintiff, § and § § PHROZEN ASSETS LLC § DALLAS COUNTY, TEXAS Third-Party Plaintiff. § ORDER FOR ISSUANCE OF COMMISSION This matter having come before the Court upon Motion by Plaintiff Red Mango FC, LLC, for an Order directing the Clerk of Court to issue a Commission for an out-of- state Subpoena Duces Tecum for Deposition to a non-party, Lawrence Grosser, and it appearing to the Court that: (1) the same is necessary and convenient for the prosecution of this action; (2) all parties have been served with Plaintiff’s Motion for Issuance of a Commission for an Out- of-State Subpoena Duces Tecum for Deposition to Lawrence Grosser and the proposed Subpoena Duces Tecum for Deposition to be issued by the Clerk of Court for Palm Beach County, Florida; and (3) the requested Commission is necessary to cause the Clerk of Court for Palm Beach County, Florida to issue a Subpoena Duces Tecum for Deposition under the laws of the State of Florida. IT IS HEREBY ORDERED that the Clerk of Court shall issue a Commission to the Clerk of Court for Palm Beach County, Florida, and that a copy of this Order shall be attached to such Commission. SIGNED this day of , 2013. HON. JIM JORDAN 160TH JUDICIAL DISTRICT ORDER FOR ISSUANCE OF COMMISSION PAGE - 1 EXHIBIT B CAUSE NUMBER DC-12-07867 RED MANGO FC, LLC § IN THE DISTRICT COURT Plaintiff/Counter-Defendant, § § vs. § § HOWARD GROSSER § 160th JUDICIAL DISTRICT Defendant/Counter-Plaintiff, § and § § PHROZEN ASSETS LLC § DALLAS COUNTY, TEXAS Third-Party Plaintiff. § COMMISSION TO ISSUE AN OUT-OF-STATE SUBPOENA DUCES TECUM FOR DEPOSITION TO LAWRENCE GROSSER TO: Clerk of Court Palm Beach County, Florida GREETINGS: Pursuant to Order of the 160th Judicial District Court of Dallas County, Texas, attached hereto as Exhibit A, you are requested to issue a Subpoena Duces Tecum for Deposition, in the form and manner of Exhibit B attached hereto, to Lawrence Grosser. This commission appoints Special Delivery, 5470 L.B.J. Freeway, Dallas, Texas 75240, as the authorized service officer for service of the Subpoena Duces Tecum for Deposition. WITNESS, this the day of , 2013 by the Clerk of Court for the 160th District Court of Dallas, County, Texas. CLERK OF COURT 160TH JUDICIAL DISTRICT COMMISION TO ISSUE AN OUT-OF-STATE SUBPOENA DUCES TECUM FOR DEPOSITION PAGE - 1 EXHIBIT C IN THE COURT OF PALM BEACH COUNTY STATE OF FLORIDA RED MANGO FC, LLC § IN THE DISTRICT COURT Plaintiff/Counter-Defendant, § § vs. § 160th JUDICIAL DISTRICT § HOWARD GROSSER § Defendant/Counter-Plaintiff, § and § DALLAS COUNTY, TEXAS § PHROZEN ASSETS LLC § Third-Party Plaintiff. § CAUSE NO. DC-12-07867 SUBPOENA DUCES TECUM FOR DEPOSITION TO: Lawrence Grosser 7191 Via Palomar Boca Raton, Florida 33433 Palm Beach County, Florida YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take depositions at 515 North Flagler Drive, Suite 1701, in West Palm Beach, Florida, on September 30, 2013, at 9 a.m., for the taking of the deposition in this action, and to have with you at that time and place the following: A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and J.M.A. Contracting, Inc. in connection with the development and construction of the Red Mango store located in the Galleria Mall at 2414 East Sunrise Blvd., Ft. Lauderdale, Florida (“Red Mango Store”). A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Load King in connection with the development and construction of the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any contractor in connection with the development and construction of the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Red Mango FC, LLC in connection with the Red Mango Store. 1 A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Defendant Howard Grosser in connection with the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any person connection with the site-selection for the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Michael Mogerman or any other real-estate broker in connection with the site-selection for the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any Red Mango franchisee other than Howard Grosser. You are subpoenaed by attorneys whose name appears on this subpoena and unless excused from this subpoena by the attorneys or the Court, you shall respond to this subpoena as directed. If you fail to appear, you may be in contempt of court. DATED this day of , 2013. MULLIN LAW, PC ______________________________ Cheryl Mullin Texas State Bar No. 24037807 Christianne Edlund Texas State Bar No. 24072083 2425 N. Central Expy., Suite 200 Richardson, Texas 75080 (972) 852-1708 – Telephone (972) 931-0124 – Facsimile ATTORNEYS FOR PLAINTIFF DATED this day of , 2013. CLERK OF COURT PALM BEACH COUNTY, FLORIDA 2 IN THE COURT OF PALM BEACH COUNTY STATE OF FLORIDA RED MANGO FC, LLC § IN THE DISTRICT COURT Plaintiff/Counter-Defendant, § § vs. § 160th JUDICIAL DISTRICT § HOWARD GROSSER § Defendant/Counter-Plaintiff, § and § DALLAS COUNTY, TEXAS § PHROZEN ASSETS LLC § Third-Party Plaintiff. CAUSE NO. DC-12-07867 § PLAINTIFF’S AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER To: Lawrence Grosser, 7191 Via Palomar, Boca Raton, Florida 33433. You are notified that on September 30, 2013, at 9:00 a.m., at the office of Esquire Deposition Services, located at 515 North Flagler Drive, Suite 1701, West Palm Beach, Palm Beach County, Florida, Christianne Edlund, attorney for Plaintiff will take the deposition of Lawrence Grosser, whose address is 7191 Via Palomar, Boca Raton, Palm Beach County, Florida, on oral examination before a court reporter provided by Esquire Deposition Services. The deposition shall continue from day to day until completed. The deposition shall be used for discovery purposes and may be introduced as evidence on the trial of the above-entitled action. A subpoena duces tecum will be served on Lawrence Grosser and will direct the production of the following materials: A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and J.M.A. Contracting, Inc. in connection with the development and construction of the Red Mango store located in the Galleria Mall at 2414 East Sunrise Blvd., Ft. Lauderdale, Florida (“Red Mango Store”). A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Load King in connection with the development and construction of the Red Mango Store. AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER PAGE - 1 A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any contractor in connection with the development and construction of the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Red Mango FC, LLC in connection with the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Defendant Howard Grosser in connection with the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any person connection with the site-selection for the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and Michael Mogerman or any other real-estate broker in connection with the site-selection for the Red Mango Store. A true and correct copy of each document evidencing in any way correspondence or other communications, including emails and text messages, from August 2010 until present, between Lawrence Grosser and any Red Mango franchisee other than Howard Grosser. A true and correct copy of each document used in connection with the site selection of the Red Mango Store. Dated: July 31, 2013 Respectfully Submitted, ______________________________ Cheryl Mullin Texas State Bar No. 24037807 Christianne Edlund Texas State Bar No. 24072083 Mullin Law, PC 2425 N. Central Expy., Suite 200 Richardson, Texas 75080 (972) 852-1708 – Telephone (972) 931-0124 – Facsimile ATTORNEYS FOR PLAINTIFF AMENDED NOTICE OF ORAL DEPOSITION OF LAWRENCE GROSSER PAGE - 2 CERTIFICATE OF SERVICE I hereby certify that on July 31, 2013, a true and correct copy of the foregoing document was served to the following parties: Christopher J. Akin LYNN TILLOTSON PINKER & COX, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Mitchell J. Kassoff Two Foster Court So. Orange, N.J. 07079-1002 COUNSEL FOR DEFENDANT _________________________________ Christianne Edlund