UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
CYNTHIA L. ABBOTT REVOCABLE TRUST,
JONILEA FOSTER BELL REVOCABLE TRUST, ALEX R. KISH REVOCABLE TRUST, DIANA J. KISH REVOCABLE TRUST, and SAMUEL A. OSBORNE and ILLEANA E. OSBORNE, as husband and wife,
Plaintiffs,
vs. CASE NO.: 3:14-CV-00646-MCR-EMT
OLSON & ASSOCIATES OF NW FLORIDA, INC., INTRAWEST SANDESTIN COMPANY, L.L.C., NORTHTIP DEVELOPMENT, LLC, ADAMS HOMES OF NORTHWEST FLORIDA, INC., DAVID O. CAMPBELL, P.E., CAMPBELL ENGINEERING, INC., WALTON COUNTY, FLORIDA, and WALTON COUNTY BOARD OF COUNTY COMMISSIONERS, SARA COMANDER
Defendants.
PLAINTIFF SAMUEL OSBORNE'S NOTICE OF SERVING
AND FIRST DISCOVERY REQUEST TO COMMISSIONER COMANDER
Plaintiff, Samuel Osborne (“Osborne”), gives notice of serving Interrogatories and Requests for Production ("Discovery Requests") upon Defendant, WALTON COUNTY COMMISIONER SARA COMADNER (“COMANDER") by serving a copy of this notice together with the Discovery Requests to be answered within the time and in the manner provided under the Rules and in accordance with the attached as Exhibit A “Discovery Instructions
Definitions,” via email only to all counsel on the attached Service List this 4 day of March, 2015.
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been served via e-mail to all counsel
as listed on the attached Service List, this 4 day of March 4, 2015
/s/ Shawn M. Heath
Shawn M. Heath, B.C.S • FBN 0255970
Nelson Mullins Riley & Scarborough LLP
3600 Maclay Boulevard South, Suite 202
Tallahassee, FL 32312-1267
(850) 907-2521
(850) 907-2501
facsimile
Shawn.Heath@nelsonmullins.com
Attorneys for Plaintiffs
SERVICE LIST
Attorneys for David Campbell and
Campbell Engineering Bradley P. Herndon Bradley P. Herndon, P.A.
25 Walter Martin Road, Suite 201
Fort Walton Beach, FL 32549
P: 850-226-6601
F: 850-226-7215 bherndon@bherndonlaw.com lhawks@bherndonlaw.com | Attorneys for Adams Homes of
Northwest Florida, Inc.
Robert A. Emmanuel H. Wesley Reeder Joseph A. Passeretti
Emmanuel, Shepperd & Condon Law Firm
30 South Spring Street
Pensacola, FL. 32502
P: 850-433-6581
F: 850-434-5856 rae@esclaw.com hwr@esclaw.com shm@esclaw.com sew@esclaw.com jap@esclaw.com |
Attorneys for Walton County
Mark D. Davis
Sidney N. Noyes
Walton County Attorney
161 E. Sloss Avenue
DeFuniak Springs, Florida 32433
P: 850-892.8110
F: 850-892-8471 mdd@co.walton.fl.us sincrissie@co.walton.fl.us | Olson & Associates of NW Florida, Inc. and Northtip Development, LLC
4300 Legendary Drive, Suite 234
Destin, FL 32541
P: 850-650-4353
F: 850-650-3881 rick@olsonlandpartners.com |
Attorneys for Walton County
William G. Warner Timothy M. Warner Warner Law Firm, P.A. P.O. Box 1820 (32402)
519 Grace Avenue
Panama City, Florida 32401
P: 850-784-7772
F: 850-784-7756 billwarner@warnerlaw.us kendallhenley@warnerlaw.us warnerlawpleadings@gmail.com | Attorney for Walton County
Commissioner Sara Comander
Linda H. Wade
Wade, Palmer & Shoemaker, P.A.
14 N. Palafox Street
Pensacola, Florida 32502
P: 850-429-0755
F: 850-429-0871 lwade@wpslawyers.com kgrover@wpslawyers.com jpaquette@wpslawyers.com |
INTERROGATORIES
1. Identify the following: Since January 1, 2003 until the present :
a. Any conferences, meetings or courses hosted or presented by any government agency other than Walton County in which Commissioner Comander attended as an official representative of Walton County, for example, Walton County paid or reimbursed any portion of the expenses for Commissioner Comander's travel or attendance at that conference, meeting or course, etc.,
b. Any conferences, meetings or courses that Commissioner Comander attended as an official representative of Walton County where the instruction included training, instruction or education concerning Florida's "Public Records Law" (Chapter 119, Florida Statutes) or Florida's "Sunshine Law" (Chapter 286, Florida Statutes) or training also including any such instruction that was conducted pursuant to paragraph 6 of the attached Final Judgment in the case of Suzanne Harris v. Walton County Board of County Commissioners et. Al. Case No.09CA000800, or instruction in rights established or protected by the United States Constitution and the Constitution of the State of Florida.
2. Identify the beginning and ending dates of the elected terms of Commissioner Comander as a Commissioner to the Walton County Board of County Commissioners and which of those terms that the Sandestin Development of Regional Impact and/or Driftwood Estates is, or was, located within the Walton County District from which Commissioner Comander was (or are) elected to serve as a Commissioner to the Walton County Board of County Commissioners.
3. Beginning on the dates indicated below, identify the dates, times, locations, names of attendees, duration, and the specific subject matter(s) or issues discussed of
any meetings (including in person, telephonic or via video) that were
not public meetings of the Walton County Board of County Commissioners between Commissioner Comander and representatives of the following:
a. Since January 1, 2009, Sandestin Investments Inc., (including, but not limited to, Keith Dantin, Dana Mathews, Ron Weaver, Tom Becnel or Ken Metcalf) where a subject matter of the meeting concerned or related to development entitlements, open space, commercial space, residential acreage, land use changes, vehicular or pedestrian access or movement within the Sandestin Development of Regional Impact.
b. Since January 1, 2005 Alan Osborne concerning any subject matter.
i. Please produce a copy of any documents or emails that relate to any such meeting(s) with Alan Osborne and produce any documents or emails provided to you or which you provided to Alan Osborne at any such meeting and any documents within your possession, custody or control that concern or relate to Alan Osborne including any emails from Alan Osborne to you or emails from or to any other person that relates to, mentions or concerns Alan Osborne.
c. Since January 1, 2005, any humans identified as residents or owners of property within Driftwood Estates, or representative of Driftwood Estates or the Greater Driftwood Estates Home Owner's Association, Inc. where the subject matter of the meeting concerned issues related to Driftwood Estates or Sandestin
d. Since January 1, 2003, Adams Homes of Northwest Florida, Inc., including but not limited to, Don Adams, Wayne Adams, or Robert Emmanuel.
e. Since January 1, 2005, any Walton County representatives, (including but not limited to, George Ralph Miller, Clay Atkinson, Lynn Hoshihara, Toni Craig, Greg Stewart, Wayne Dyess, Renee Bradley, Greg Kisela, Greg Graham, Pat Blackshear, Larry Jones) ,where the subject matter of the meeting concerned or related to issues within Driftwood Estates or Sandestin.
For any such meetings that were attended by lawyers representing you or Walton County,
THIS REQUEST DOES NOT SEEK TO KNOW THE SUBSTANCE OF ANY CONFIDENTIAL COMMUNICATIONS BETWEEN YOU AND THAT LAWYER. This request does, however, include an identification of the date of the meeting, the attendees and the general purpose of the meeting.
f. Since January 1, 2012, any meeting, engagement with former Commissioner
Scott Brannon, for any purpose or subject matter.
4. Since January 1, 2003, identify the date and amount of each campaign contribution or any other payments to you or any of your campaigns for election to the Walton County Board of County Commissioners from the following persons, their companies or their relatives:
a. William "Billy" Buzzett
b. Jay Odom c. Lloyd Blue
d. Don Adams or Adams Homes of Northwest Florida, Inc.
e. Wayne Adams
f. Scott Brannon or Ronnie Brannon or
i. Freeport Group, LLC
ii. Freeport Industries, Inc.
iii. Freeport Industries Development, LLC
g. Clay Atkinson or Clayton Atkinson or the Atkinson Law Firm h. C. Wayne Jones or any of the following:
i. CWJ Holdings, Inc.
ii. CWJ Investment Associates, Inc., iii. CWJ Development, Inc.,
iv. CNCW Investment Partnership I, LTD
v. CNCW Investment Partnership II, LTD
vi. CNCW Management I, Inc. vii. CNNCW Management I, Inc. viii. CNCW Management II, Inc.
i. Rick Olson, Olson & Associates of NW Florida, Inc. or Northtip Development j. Intrawest Sandestin Company, LLC or any Intrawest company
k. David Campbell or Campbell Engineering, Inc. l. Hal Laird or HAL Holdings Inc.
Request for Production
1. Please produce a copy of all documents upon which you consulted or relied to
answer these questions including. Identify which documents correspond to each answer of each interrogatory.
By
Its
STATE OF ________________
COUNTY OF _______________
BEFORE ME, the undersigned authority, personally appeared , who was sworn and says that the answers to the foregoing interrogatories are true and correct to the best of his/her knowledge and belief.
Sworn to and subscribed before me this , day of , 2015, by
Notary Public - State of
Name stamped, printed or typewritten
My commission expires:
□ Personally known
□ Produced identification
Type of identification produced
EXHIBIT A
Discovery Instructions and Definitions
Instructions
A. Answer each discovery request separately and as completely as possible. The fact that investigation is continuing or that discovery is not complete shall not excuse failure to answer each discovery request as fully as possible.
B. Respond based upon information known to you and/or your agents or attorneys, other than information which is subject to attorney/client or work product privilege. To the extent that the response to any discovery request is not based upon information known to you, specify the person possessing the information.
C. If the response to all or part of any discovery request is not presently known or available, include a statement to that effect, specify the portion of the discovery request which cannot be completely answered, and furnish all information that is known or available.
D. If the response references documents, then identify the documents, by document number or date of the document, title, author and recipient.
E.
Overbroad, Unduly Burdensome, Ambiguous, etc. Objections. If you believe that any discovery request is overbroad, ambiguous, unduly burdensome, or have a similar type of objection, then please contact undersigned counsel before responding with these objections, so that we can resolve those issues to enable you to meaningfully respond.
Definitions
When used herein, the following words shall have the following meanings:
1. As used herein, the term “
Document(s)” means, without limitation, all originals, copies and drafts of any written, typewritten, recorded, electronically stored information, CDs, DVDs, transcribed, printed, taped, digital, photographic or graphic matter, however produced or reproduced, whether sent, received, or stored within your possession, custody or control, whether made, written or prepared by you or by any other person including, but not limited to, all drawings, project manuals, submittals, pay applications, pay requests, change order requests, notices of default, notices to cure, job cost reports, all bid documents, bid bonds, payment and performance bonds, close-out and warranty information, warranties, daily reports, construction schedules and schedule updates in paper and electronic form
with all restrictions removed, contract conditions, plans, specifications, change orders, requests for information, supplemental agreements, addenda, value engineering proposals, shop drawings, product literature, product data, transmittals, test data, bulletins, progress meeting minutes, books, pamphlets, articles, newspapers, press releases, magazines, booklets, circulars, handbooks, manuals, periodicals, letters, memoranda, files, envelopes, notices, instruments, reports, financial reports, records, studies, transcripts, diaries
(formal or informal), checks, stubs, registers, audited or unaudited financial statements, working papers, questionnaires, notes, notations, charts, lists, comparisons, telegrams, cables, telex messages, communications
(including intracorporate communications), and reports, notes
(including any made during the review or preparation of work papers), notations and memoranda of, or relating to, meetings or telephone conversations, minutes, transcriptions, correspondence,
e-mails and attachments, agreements, offering circulars, graphs, tabulations, analyses, evaluations, projections, opinions or reports of consultants, statements, summaries, desk calendars, appointment books, telephone logs, questionnaires, surveys, indices, diagnostic imaging films and tests, prescriptions, computer inputs or outputs, data in computer memory, data stored on discs or tapes, microfilm, magnetic tapes or discs or photographs.
(a) Different versions of the same documents, handwritten notes or notations in any form, drafts of documents and documents with handwritten notations or marks not found in the original or on other copies are also “Documents”.
(b) Without limitation of the term “control,” a document is deemed to be within your control if you have ownership, possession, or custody of the original, a copy or the right or ability to secure either from any other person who has possession or custody of it.
2. “And” as well as “or” shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of this request any information which might otherwise be construed to be outside its scope; and the singular shall include the plural and the plural shall include the singular except as the context may otherwise require.
3. “Relating to,” “related to,” or “reflecting” means containing, showing, concerning, respecting, describing, depicting, embodying, including, reflecting, identified with, connected with, in conjunction with, evidencing, representing, comprising, relating to, or referring in any way, directly or indirectly, to, and is meant to include, among other things, matters that are or were underlying or supporting.
4. “Documents” includes documents now or previously attached or appended to, or used in the preparation of any “Document”.