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Filing # 141270174 E-Filed 01/04/2022 08:20:27 AM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2018-CA-003041-MF
HOMEBRIDGE FINANCIAL SERVICES,
INC.,
Plaintiff,
VS.
MICHAEL R. PARKEY AND MARK D.
PARKEY, et.al.,
Defendant(s).
eee
PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF DEFENDANTS
Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, by and
through the undersigned counsel, pursuant to Fla. R. Civ. P. 1.380(d), hereby moves this
Honorable Court for an Order directing Defendants, MICHAEL R. PARKEY and MARK D.
PARKEY, to appear for Deposition, and in support thereof would state as follows:
1. On August 4, 2021, counsel for plaintiff and defendants coordinated the Defendants
Depositions for October 22, 2021 & Plaintiff's Corporate Representative’s Deposition for
October 14, 2021.
2. Plaintiff's Corporate Representative had a physical therapy appointment for knee surgery
on October 14, 2021 and the time of the deposition was not able to be rescheduled so
plaintiffs’ counsel agreed to reschedule the deposition for October 22, 2021, and to reset
defendants depositions for a later date.
3. On October 6, 2021 Plaintiffs counsel advised defendants counsel that we would
re-notice his clients depositions for a later date and asked for availability from October
23, 2021-November 10, 2021.
ETTORE A
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PAGE 1
4. Opposing Counsel advised on October 8, 2021 that he is available November 11, 2021
and would reach out to his clients to see if they are available.
5. Defense counsel did not provide a response regarding November 11, 2021 and plaintiffs
counsel followed up on November 12, 2021 for availability for December 2021.
6. Defense counsel responded on November 16, 2021 stating that timeframe would not work
and to provide dates for February 2022.
7. Plaintiff's counsel responded on November 24, 2021 asking for availability in January
2022 and defense counsel responded on November 26, 2021, stating they are on paternity
leave for most of December 2021 and January 2022.
8. Court issued an order setting trial on December 2, 2021 for February 16, 2022.
9. Plaintiff does not want to go through the expense of setting the deposition unilaterally as
the defendants would likely not appear.
10. To date, nearly two months after the initial request for availability counsel has stillnot
provided undersigned with dates of availability.
11. Pursuant to Fla. R. Civ. P. 1.380(d), this Honorable Court has the discretion to take any
action under Fla. R. Civ. P. 1.380(b)(2) (A), (B), and/or (C).
12. Plaintiff hereby requests an order compelling Defendants to appear for deposition.
WHEREFORE, Plaintiff moves this Honorable Court to issue an Order Compelling
Deposition of Defendants MICHAEL R. PARKEY and MARK D. PARKEY, with Plaintiff's
recovery of reasonable expenses associated herewith, and for any and all other relief this Court
deems just and proper.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
20-060827 - KrV
PAGE 2
By: _\S\Scott Brown_
Scott Brown, Esquire
Florida Bar No. 88187
Communication Email: sbrown@raslg.com
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Motion to Compel has been furnished to the parties
listed on the attached service list via Mail and/or E-mail in accordance with the corresponding
addresses listed therein on this 30 day of December, 2021.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Scott Brown_
Scott Brown, Esquire
Florida Bar No. 88187
Communication Email: sbrown@raslg.com
SERVICE LIST
LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC
ANTHONY N. LEGENDRE II, ESQUIRE
ATTORNEY FOR MICHAEL R. PARKEY
C/O LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC
P.O. BOX 948599
MAITLAND, FL 32794
PRIMARY EMAIL: ANTHONYLEGENDRE@LIVE.COM
SECONDARY EMAIL: ANTHONY@LAW-LEGENDS.COM
LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC
ANTHONY N. LEGENDRE II, ESQUIRE
ATTORNEY FOR MARK D. PARKEY
C/O LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC
20-060827 - KrV
PAGE 3
P.O. BOX 948599
MAITLAND, FL 32794
PRIMARY EMAIL: ANTHONYLEGENDRE@LIVE.COM
SECONDARY EMAIL: ANTHONY@LAW-LEGENDS.COM
UNKNOWN PARTY #1 N/K/A CHRISTINE DEVORE
1355 JAN LAN BLVD
SAINT CLOUD, FL 34772
20-060827 - KrV
PAGE 4
Preview
Filing # 141270174 E-Filed 01/04/2022 08:20:27 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2018-CA-003041-MF HOMEBRIDGE FINANCIAL SERVICES, INC., Plaintiff, VS. MICHAEL R. PARKEY AND MARK D. PARKEY, et.al., Defendant(s). eee PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF DEFENDANTS Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, by and through the undersigned counsel, pursuant to Fla. R. Civ. P. 1.380(d), hereby moves this Honorable Court for an Order directing Defendants, MICHAEL R. PARKEY and MARK D. PARKEY, to appear for Deposition, and in support thereof would state as follows: 1. On August 4, 2021, counsel for plaintiff and defendants coordinated the Defendants Depositions for October 22, 2021 & Plaintiff's Corporate Representative’s Deposition for October 14, 2021. 2. Plaintiff's Corporate Representative had a physical therapy appointment for knee surgery on October 14, 2021 and the time of the deposition was not able to be rescheduled so plaintiffs’ counsel agreed to reschedule the deposition for October 22, 2021, and to reset defendants depositions for a later date. 3. On October 6, 2021 Plaintiffs counsel advised defendants counsel that we would re-notice his clients depositions for a later date and asked for availability from October 23, 2021-November 10, 2021. ETTORE A 20-060827 - KrV PAGE 1 4. Opposing Counsel advised on October 8, 2021 that he is available November 11, 2021 and would reach out to his clients to see if they are available. 5. Defense counsel did not provide a response regarding November 11, 2021 and plaintiffs counsel followed up on November 12, 2021 for availability for December 2021. 6. Defense counsel responded on November 16, 2021 stating that timeframe would not work and to provide dates for February 2022. 7. Plaintiff's counsel responded on November 24, 2021 asking for availability in January 2022 and defense counsel responded on November 26, 2021, stating they are on paternity leave for most of December 2021 and January 2022. 8. Court issued an order setting trial on December 2, 2021 for February 16, 2022. 9. Plaintiff does not want to go through the expense of setting the deposition unilaterally as the defendants would likely not appear. 10. To date, nearly two months after the initial request for availability counsel has stillnot provided undersigned with dates of availability. 11. Pursuant to Fla. R. Civ. P. 1.380(d), this Honorable Court has the discretion to take any action under Fla. R. Civ. P. 1.380(b)(2) (A), (B), and/or (C). 12. Plaintiff hereby requests an order compelling Defendants to appear for deposition. WHEREFORE, Plaintiff moves this Honorable Court to issue an Order Compelling Deposition of Defendants MICHAEL R. PARKEY and MARK D. PARKEY, with Plaintiff's recovery of reasonable expenses associated herewith, and for any and all other relief this Court deems just and proper. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com 20-060827 - KrV PAGE 2 By: _\S\Scott Brown_ Scott Brown, Esquire Florida Bar No. 88187 Communication Email: sbrown@raslg.com CERTIFICATE OF SERVICE I hereby certify that a copy of the Motion to Compel has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on this 30 day of December, 2021. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By: _\S\Scott Brown_ Scott Brown, Esquire Florida Bar No. 88187 Communication Email: sbrown@raslg.com SERVICE LIST LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC ANTHONY N. LEGENDRE II, ESQUIRE ATTORNEY FOR MICHAEL R. PARKEY C/O LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC P.O. BOX 948599 MAITLAND, FL 32794 PRIMARY EMAIL: ANTHONYLEGENDRE@LIVE.COM SECONDARY EMAIL: ANTHONY@LAW-LEGENDS.COM LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC ANTHONY N. LEGENDRE II, ESQUIRE ATTORNEY FOR MARK D. PARKEY C/O LAW OFFICES OF LEGENDRE & LEGENDRE, PLLC 20-060827 - KrV PAGE 3 P.O. BOX 948599 MAITLAND, FL 32794 PRIMARY EMAIL: ANTHONYLEGENDRE@LIVE.COM SECONDARY EMAIL: ANTHONY@LAW-LEGENDS.COM UNKNOWN PARTY #1 N/K/A CHRISTINE DEVORE 1355 JAN LAN BLVD SAINT CLOUD, FL 34772 20-060827 - KrV PAGE 4