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HomeMy WebLinkAbout10-3184 {{?? ,.„ 01 r LJ...?t:t' IN THE COURT OF COMMON PLEAS, NINTH 51I^'`'°Y CUMBERLAND COUNTY, PENNSYLVINMAY 14 AM g. $1 LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), "u-, oxw PENNSYLVANIA Case No. to-5184 MOTION FOR ORDER APPOINTING COMMISSIONER FOR DEPOSITION IN THE STATE OF PENNSYLVANIA AND ISSUING LETTER ROGATORY Plaintiff, Lennar Homes, LLC, by and through undersigned counsel, respectfully moves this Court for entry of an order (i) appointing Archive Reporting, or its designated representative, or any duly qualified notary public of the State of Pennsylvania, as Commissioner for the purpose of taking and transcribing the deposition of Matthew J. Dunn pursuant to proper Subpoena, issued and served under the Pennsylvania Rules of Civil Procedure, and (ii) pursuant to Fla. R. Civ. P. 1.300(b), issuing a Letter Rogatory requesting the appropriate judicial authority in the Circuit Court in and for Cumberland County, in the State of Pennsylvania to issue a subpoena or other process to compel the attendance of the deponent regarding the instant case. As grounds for this Motion, Plaintiff states: 1. The witness may be listed by Plaintiff as an anticipated trial witness. O #ga.oo PA AM* er.* cWa,a 0 149 oy8 . 2. Defendants Riverwood, L.L.C. and Douglas J. Weiland have identified the witness as having specific knowledge of the matters at issue in this action. 3. When attempting to compel the attendance of a foreign resident at deposition, Fla. R. Civ. P. 1.300(b) provides in part: A commission or letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and letter rogatory may be issued in appropriate cases. 4. The appropriate procedures under the Statues and Court Rules of the State of Pennsylvania, can and will compel the witness' appearance to testify in this case. 5. As an adjunct to the procedures, it is necessary that a Commissioner be appointed to conduct said Deposition. 6. An Order appointing commissioner for a Deposition in the State of Pennsylvania and issuing a Letter Rogatory for said witness is attached hereto for the Court's convenience. 7. The aforementioned Letter Rogatory to the Circuit Court in and for Cumberland County, in the State of Pennsylvania, is also attached hereto for the Court's convenience. WHEREFORE, Plaintiff, Lennar Homes, LLC, respectfully requests that this Court enter the Order Appointing Commissioner for this Deposition in the State of Pennsylvania and issuing the Letter Rogatory to the Circuit Court Gregory P. Brown, Esquire Florida Bar No. 098760 Paige A. Greenlee, Esquire Florida Bar No. 635928 T. Bennett Acuff, Esquire Florida Bar No. 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 FAX Attorneys for Lennar Homes, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided via U.S. Mail to Michael C. Addison, Esquire, 400 N. Tampa Street, Suite 1100, Tampa, Florida 33602, David H. Galloway, Esquire, Post Office Box 848, Plant City, Florida 33564, and Dale W. Vash, Esquire, Post Office Box 1438, Tampa, Florida 33601, this, day of April, 2010. 7Z Gregory P. Brown, Esquire Florida Bar No. 098760 Paige A. Greenlee, Esquire Florida Bar No. 635928 T. Bennett Acuff, Esquire Florida Bar No. 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 FAX Attorneys for Lennar Homes, LLC 1588661.1 Al IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), Case No. 51-2008-CA-3696-WS-J3 LETTER ROGATORY THE '£iI JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY FLORIDA, TO THE CIRCUIT COURT IN AND FOR CUMBERLAND COUNTY, IN THE STATE OF PENNSYLVANIA, GREETINGS: The above styled action is pending in the Circuit Court for Pasco County, Florida and it has been suggested to us that justice cannot be done between the parties without the testimony of Matthew J. Dunn who resides in your jurisdiction at 201 Pine Creek Drive, Carlisle, Pennsylvania 17013. THEREFORE we request that in the interest of justice you cause Matthew J. Dunn, by your proper and usual process, to appear before an Associate or Deputy Court Reporter and Notary Public of Archive Reporting or a designated representative thereof, a duly appointed commissioner who is authorized to administer oaths, at 9:00 a.m. on Thursday, May 27, 2010 at 2336 N. 2nd Street, Harrisburg, PA 17110 to answer questions under oath in this matter. We shall be ready and willing to do the same for you in a similar case when requested. Respectfully, ORIGINAL SIGNED MAY 0 6 2010 Honorable W. Lowell Bray1 ILOWELL BRAY, JR. Circuit Court Judge CIRCUIT JUDGE WITNESS The Honorable W. Lowell Bray, Jr. as Judge of the Circuit Court for Pasco County, Florida on the day of April, 2010. ISI Katie Mosley As Clerk of the Circuit Court STATE OF FLORIDA COUNTY OF PASCO I, W. Lowell Bray, Jr. as judge of the Circuit Court for Pasco County, Florida, hereby certify that Paula S. O'Neil, whose signature is attached to the Letter Rogatory annexed to this certificate was the Clerk of the Court for Pasco County, Florida at the date of the Letter Rogatory and that the official acts of the Clerk are entitled to full force and effect and the attestation to the Letter Rogatory is in due form of law and that the seal attached to the Letter Rogatory is the seal of this Court. WITNESS my hand and the seal of the court at New Port Richey, Pasco County, Florida on the ],6- day of Affil, 2010. ORIGINAL SIGNED Nay Circuit Judge 6 2010 W. LCWELL BRAY, JR, CIRCUIT JUDGE I, Paula S. O'Neil as Clerk of the Circuit Court for Pasco County, Florida, hereby certify that Honorable W. Lowell Bray, Jr., whose name is signed to the accompanying papers is now and was at the time of the signing the papers the judge of the Circuit Court for Pasco County, Florida. WITNESS may hand and the seal of the court at New Port Richey, Pasco County, Florida on the LL day of April, 2010. %s,/ Katie Mosley As Clerk of Circuit Court 1590660.1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), Case No. 51-2008-CA-3696-WS-J3 ORDER APPOINTINGCOMMISSIONER AND ISSUING LETTER ROGATORY THIS CAUSE having come before the Court on Plaintiff's Motion to Appoint Commissioner and Issue Letter Rogatory, the Court having reviewed the party's motion, and being otherwise fully informed, it is hereby: ORDERED AND ADJUDGED that: (i) Archive Reporting or a designated representative thereof, be hereby appointed to serve as commissioner for the purpose of taking and transcribing the deposition testimony of Matthew J. Dunn in this matter. Said court reporter is hereby authorized and empowered to administer the oath of said witness, take his deposition and reduce said examination to writing to be subscribed by said witness. Said deposition is to be taken upon oral examination pursuant to a Notice of Taking Deposition served by counsel. This Deposition shall be taken for the purpose of discovery and to preserve testimony for the trial of this case. (ii) This Court shall issue a Letter Rogatory to the Circuit Court in and for Cumberland County, in the State of Pennsylvania, in the form attached to this order. DONE AND ORDERED in Chambers in Pasco County, New Port Richey, Florida, this day of April, 2010. ORIGINAL SIGNED MAY 0 6 2010 N. LOWELL BRAY, Jri., CIRCUIT JUDGE Honorable W. Lowell Bray, Jr. Circuit Court Judge Copies furnished to: All Counsel of Record 1588721.1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Case No. 51-2008-CA-3696-WS-J3 Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), MOTION FOR ORDER APPOINTING COMMISSIONER FOR DEPOSITION IN THE STATE OF PENNSYLVANIA AND ISSUING LETTER ROGATORY Plaintiff, Lennar Homes, LLC, by and through undersigned counsel, respectfully moves this Court for entry of. an order (i) appointing Archive Reporting, or its designated representative, or any duly qualified notary public of the State of Pennsylvania, as Commissioner for the purpose of taking and transcribing the deposition of Matthew J. Dunn pursuant to proper Subpoena, issued and served under the Pennsylvania Rules of Civil Procedure, and (ii) pursuant to Fla. R. Civ. P. 1.300(b), issuing a Letter Rogatory requesting the appropriate judicial authority in the Circuit Court in and for Cumberland County, in the State of Pennsylvania to issue a subpoena or other process to compel the attendance of the deponent regarding the instant case. As grounds for this Motion, Plaintiff states: 1. The witness may be listed by Plaintiff as an anticipated trial witness. 2. Defendants Riverwood, L.L.C. and Douglas J. Weiland have identified the witness as having specific knowledge of the matters at issue in this action. 3. When attempting to compel the attendance of a foreign resident at deposition, Fla. R. Civ. P. 1.300(b) provides in part: A commission or letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and letter rogatory may be issued in appropriate cases. 4. The appropriate procedures under the Statues and Court Rules of the State of Pennsylvania, can and will compel the witness' appearance to testify in this case. 5. As an adjunct to the procedures, it is necessary that a Commissioner be appointed to conduct said Deposition. 6. An Order appointing commissioner for a Deposition in the State of Pennsylvania and issuing a Letter Rogatory for said witness is attached hereto for the Court's convenience. 7. The aforementioned Letter Rogatory to the Circuit Court in and for Cumberland County, in the State of Pennsylvania, is also attached hereto for the Court's convenience. WHEREFORE, Plaintiff, Lennar Homes, LLC, respectfully requests that this Court enter the Order Appointing Commissioner for this Deposition in the State of Pennsylvania and issuing the Letter Rogatory to the Circuit Court Gregory P. Brown, Esquire NJ Florida Bar No. 098760 Paige A. Greenlee, Esquire Florida Bar No. 635928 T. Bennett Acuff, Esquire Florida Bar No. 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 FAX Attorneys for Lennar Homes, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided via U.S. Mail to Michael C. Addison, Esquire, 400 N. Tampa Street, Suite 1100, Tampa, Florida 33602, David H. Galloway, Esquire, Post Office Box 848, Plant City, Florida 33564, and Dale W. Vash, Esquire, Post Office Box 1438, Tampa, Florida 33601, this, day of April, 2010. Gregory P. Brown, Esquire Florida Bar No. 098760 Paige A. Greenlee, Esquire Florida Bar No. 635928 T. Bennett Acuff, Esquire Florida Bar No. 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 FAX Attorneys for Lennar Homes, LLC 1588661.1 MAY 7 Q 2010 y IN THE COURT OF COMMON PLEAS, NINTH DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. (~ Case No. 10 - 3~ 8~ \.:~~~ ~ ~ ~E~~ Plaintiff, v. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, ^~ ~ RNERWOOD OF PASCO COUNTY HOMEOWNER'S ~ a ' ASSOCIATION, INC., a Florida not-for-profit ~ a corporation, RIVERWOOD ESTATES COMMUNITY ~~' ``' `- ~` ~~ "~ DEVELOPMENT DISTRICT, L.S. CURB SERVICE, ~.. `' `~~ _ ~ INC., a Florida corporation, CENTRAL STATE ~~,--. ~ ~ ~ -o ;-'; ~`' rte AGGREGATES, LLC, a foreign limited liability company, t -_ -1_' ~ `; .. -~ Defendant(s), a ~ ORDER APPOINTING COMMISSIONER AND ISSUING LETTER ROGATORY THIS CAUSE having come before the Court on Plaintiffs Motion to Appoint Commissioner and Issue Letter Rogatory, the Court having reviewed the party's motion, and being otherwise fully informed, it is hereby: ORDERED AND ADJUDGED that: (i) Archive Reporting or a designated representative thereof, be hereby appointed to serve as commissioner for the purpose of taking and transcribing the deposition testimony of Matthew J. Dunn in this matter. Said court reporter is hereby authorized and empowered to administer the oath of said witness, take his deposition and reduce said examination to writing to be subscribed by said witness. Said deposition is to be taken upon oral examination pursuant to a Notice of Taking Deposition served by counsel. This Deposition shall be taken for the purpose of discovery and to preserve testimony for the trial of this case. ~(, C'bvr' t (ii) This Court shall issue a Letter Rogatory to the CirC'[tit Court in and for Cumberland County, in the State of Pennsylvania, in the form attached to this order. DONE AND ORDERED in Chambers in Cumberland County, ~~ ~%r~ Pennsylvania, this ~~ ~ day of May, 2010. Copies furnished to: Annll--Counsel of Rec''ordrr ~..D i ~£.S' rn.~.t, l£d~.~ s~~~~~~ ~~ ]588721.1 IN THE COURT OF COMMON PLEAS, NINTH DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, Defendants. C--) c ?, C= p -n -v a rn Co Z?; C7 -i -X Z.? -- r-q M? -a r ? v ? - C1 S , = '"D -n CD 3 Case No. 10-3184 Civil &in 7 °X -? c n Tj -, t PETITION FOR THE ISSUANCE OF SUBPOENA Plaintiff, LENNAR HOMES, LLC, as successor in interest to LENNAR HOMES, INC. ("Lennar"), by and through its undersigned attorneys, respectfully requests this Court to issue a subpoena for the taking of a deposition in your jurisdiction, and in support thereof states the following: 1. There is currently an action pending in the Circuit Court for Pasco County, Florida (Lennar Homes, LLC v. Riverwood, LLC, et al., Case No. 51-2008-CA-3696-WS-J3) and Plaintiff would like to take the testimony of Matthew J. Dunn who resides in your jurisdiction at 201 Pine Creek Drive, Carlisle, Pennsylvania 17013, on January 4, 2011 at 9:00 a.m. 2. An Order appointing commissioner for a Deposition in the State of Pennsylvania and issuing a Letter Rogatory was previously filed in this case for said witness and is attached hereto for the Court's convenience. 3. The aforementioned Letter Rogatory to the Circuit Court in and for Cumberland County, in the State of Pennsylvania, is also attached hereto for the Court's convenience. WHEREFORE, Plaintiff, Lennar Homes, LLC, respectfully requests that this Court issue a subpoena for the taking of the deposition of Matthew Dunn on January 4, 2011 at 9:00 a.m. Dated: December 6, 2010 Respectfully submitted, Paige A. Greenlee, Esquire, FBN 635928 T. Bennett Acuff, Esquire, FBN 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 Facsimile Attorneys for Lennar Homes, LLC 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6 h day of December, 2010, a true and correct copy of the foregoing has been provided via facsimile and U.S. mail to the following: Dr. Douglas J. Weiland 334 East Lake Road, #172 Palm Harbor, FL 34685 727-787-6343 Facsimile Michael C. Addison, Esquire 400 N. Tampa Street, Suite 1100 Tampa, FL 33602 813-228-6000 Facsimile Paige A. Greenlee, Esquire, FBN 635928 T. Bennett Acuff, Esquire, FBN 75860 HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 (813) 221-3900 (813) 221-2900 Facsimile Attorneys for Lennar Homes, LLC 3 1935431v1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Case No. 51-2008-CA-3696-WS-J3 Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), ORDER APPOINTINGCOMMISSIONER AND ISSUING LETTER ROGATORY THIS CAUSE having come before the Court on Plaintiff's Motion to Appoint Commissioner and Issue Letter Rogatory, the Court having reviewed the party's motion, and being otherwise fully informed, it is hereby: ORDERED AND ADJUDGED that: (i) Archive Reporting or a designated representative thereof, be hereby appointed to serve as commissioner for the purpose of taking and transcribing the deposition testimony of Matthew J. Dunn in this matter. Said court reporter is hereby authorized and empowered to administer the oath of said witness, take his deposition and reduce said examination to writing to be subscribed by said witness. Said deposition is to be taken upon oral examination pursuant to a Notice of Taking Deposition served by counsel. This Deposition shall be taken for the purpose of discovery and to preserve testimony for the trial of this case. (ii) This Court shall issue a Letter Rogatory to the Circuit Court in and for Cumberland County, in the State of Pennsylvania, in the form attached to this order. DONE AND ORDERED in Chambers in Pasco County, New Port Richey, Florida, this day of April, 2010. ORIGINAL SIGNED MAY 0 6 2010 W. LOWELL BRAY, JR. CIRCUIT JUDGE Honorable W. Lowell Bray, Jr. Circuit court Judge Copies furnished to: All Counsel of Record 1588721.1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc. Plaintiff, V. RIVERWOOD, L.L.C., a Florida limited liability company, DOUGLAS J. WEILAND, an individual, RIVERWOOD OF PASCO COUNTY HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE, INC., a Florida corporation, CENTRAL STATE AGGREGATES, LLC, a foreign limited liability company, Defendant(s), Case No. 51-2008-CA-3696-WS-J3 LETTER ROGATORY Se x tti THE 3+I*k+BE JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY FLORIDA, TO THE CIRCUIT COURT IN AND FOR CUMBERLAND COUNTY, IN THE STATE OF PENNSYLVANIA, GREETINGS: The above styled action is pending in the Circuit Court for Pasco County, Florida and it has been suggested to us that justice cannot be done between the parties without the testimony of Matthew J. Dunn who resides in your jurisdiction at 201 Pine Creek Drive, Carlisle, Pennsylvania 17013. THEREFORE we request that in the interest of justice you cause Matthew J. Dunn, by your proper and usual process, to appear before an Associate or Deputy Court Reporter and Notary Public of Archive Reporting or a designated representative thereof, a duly appointed commissioner who is authorized to administer oaths, at 9:00 a.m. on Thursday, May 27, 2010 at 2336 N. 2nd Street, Harrisburg, PA 17110 to answer questions under oath in this matter. We shall be ready and willing to do the same for you in a similar case when requested. Respectfully, ORIGINAL SIGNED MAY 0 6 2010 Honorable W. Lowell BrayyJiLOWELL BRAY, JR. Circuit Court Judge CIRCUIT JUDGE WITNESS The Honorable W. Lowell Bray, Jr. as Judge of the Circuit Court for Pasco County, Florida on the day of April, 2010. Isl Katie Mosley As Clerk of the Circuit Court STATE OF FLORIDA COUNTY OF PASCO I, W. Lowell Bray, Jr. as judge of the Circuit Court for Pasco County, Florida, hereby certify that Paula S. O'Neil, whose signature is attached to the Letter Rogatory annexed to this certificate was the Clerk of the Court for Pasco County, Florida at the date of the Letter Rogatory and that the official acts of the Clerk are entitled to full force and effect and the attestation to the Letter Rogatory is in due form of law and that the seal attached to the Letter Rogatory is the seal of this Court. WITNESS my hand and the seal of the court at New Port Richey, Pasco County, Florida on the 1,0_- day of A nil, 2010. ORIGINAL SIGNED Nlay Circuit Judge MAY 6 2010 W. LOWELL BRAY, JR. CIRCUIT JUDGE I, Paula S. O'Neil as Clerk of the Circuit Court for Pasco County, Florida, hereby certify that Honorable W. Lowell Bray, Jr., whose name is signed to the accompanying papers is now and was at the time of the signing the papers the judge of the Circuit Court for Pasco County, Florida. WITNESS may hand and the seal of the court at New Port Richey, Pasco County, Florida on the (, day of April, 2010. /s,/ Katie Mosley As Clerk of Circuit Court 1590660.1 LENNAR HOMES, LLC, a Florida limited liability company, as successor by conversion of Lennar Homes, Inc., Plaintiff vs. RIVERWOOD, L.L.C., a Florida limited liability company; DOUGLAS J. WEILAND, an individual; RIVERWOOD OF PASCO COUNTY HOME- OWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation; RIVERWOOD ESTATES COMMUNITY DEVELOPMENT DISTRICT, L.S. CURB SERVICE INC., a Florida corporation; CENTRAL STATE AGGREGATES : LLC, a foreign limited liability company, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-3184 CIVIL ern o° ? C -n r 1 CJ . ORDER APPOINTING COMMISSIONER AND ISSUING LETTER ROGATORY AND NOW, this *6 v day of December, 2010, this cause having come before the Court on Plaintiff s Motion to Appoint Commissioner and Issue Letter Rogatory, the Court having reviewed the party's motion, and being otherwise fully informed, it is hereby ordered and adjudged that: 1. Archive Reporting or a designated representative thereof, be hereby appointed to serve as commissioner for the purpose of taking and transcribing the deposition testimony of Matthew J. Dunn in this matter. Said court reporter is hereby authorized and empowered to administer the oath of said witness, take his deposition and reduce said examination to writing to be subscribed by said witness. Said deposition is to be taken upon oral examination pursuant to a Notice of Taking Deposition served by counsel. This Deposition shall be taken for the purpose of discovery and to preserve testimony for the trial of this case. 2. This Court shall issue a Letter Rogatory to the Court of Common Pleas in and for Cumberland County, in the State of Pennsylvania, in the form attached to this order. BY THE COURT, All counsel of record Arn CPy --6 /a/(1. /16 ==rM rlxvtlYlL ?ii? ??R.L r ??