IN RE: ESTATE OF ALLAN HAYMES,Deceased.

I

ZYLO MARSHALL

Petitioner,V.

LOIS M. HAYMES, as PersonalRepresentative of the Estate ofALLAN HAYMES, and CRAIG DONOFF,as Personal Representative of the Estateof ALLAN HAYMES

Respondents.I

IN THE CIRCUIT COURT OF THE I5THruDICIAL CIRCUIT IN AND FORPALM.BEACHCOTINTY, FLORTDA

PROBATE DIVISION

CASE NO: 50201 0CP004252)OOO(SB

ADV. CASE NO: HFnr H

=,=*

;eHE

=-:I]BPo* nb>erQ-o:-'9=i tf

-f (.,Er* ;ucn

ORDER ON PETMIONER'S MOTION TO COMPELpISCOVERY ON INTERBOGATORTES

THIS CAUSE coming before the Court on Petitioner's Motion to Compel Discovery on

Intenogatories and the Court having reviewed the Motion, heard argument of counsel, and being

otherwise duly advised in the premises, it is

ORDERED AND ADJUDGED as that the Petitioner's Motion to Compel Discovery on

lnterrogatories is GRANTED in part and DENIED in part, as follows:

RULINGS REGARDING INTERROGATORMS TO CRAIG DONOEF

l. Petitioner's motion to compel discovery with respect to Interrogatories 2, 5, 14, and 23 isgranted. Respondent shall list the names, contact addresses, & phone numbers for anyindividuals or entities that are named in response to these interrogatories. Additionally,Respondent shall list the names, contact addresses, & phone numbers of Allan Haymes'sformer attorney(s) and Atlan Haymes's former doctor(s)'

{File: 00181348 .}- 1 -

?1CASE NO: 5020 I 0CP004252)OOO(SB

Respondent's objections to Interrogatory 19 are sustained in part and ovemrled in part.Respondent shall answer this interrogatory and confine his response to the period oneyear prior to the death of Allan Haymes.

Respondent shall provide verified answerc to the Interrogatories on or before June 21,201 1. The Court reserves jurisdiction to rule on the remaining objections to theInterrogatories.

RULINGS REGARDING INTERROGATORMS TO LOIS HAYMES

Petitioner's motion to compel discovery with respect to Interrogatories 2, 5, 14, and 23 isgranted. Respondent shall tist the names, contact addresses, & phone numbers for anyindividuals or entities that are named in responseto these interrogatories. Additionally,Respondent shall list the names, contact addresses, & phone numbers of Allan Hayrnes'sformer attorney(s) and Allan Haymes's former doctor(s).

Respondent's objections to Interrogatory 19 are sustained in part and ovemrled in part.Respondent shall answer this intenogatory and confine her response to the period oneyear prior to the death of Allan Haymes.

Respondent shall provide verified answers to the Interrogatories on or before June 21,201 1. The Court reserves jurisdiction to rule on the remaining objections to theInterrogatories.

DONE AND ORDERED in Chambers in Delray Beach, Palm Beach County, Florida this

3.

I.

2.

3.

L*t of June, 2011.

HONORABLE MARTIN H. COLINCircuit Court Judge

Copies fumished to:Brandan J. Pratt, Esq., Miller & O'Neill, P.L., 2300 Glades Road, Suite 400E, Boca Raton, Florida,3343lMatthew A. Tomincasa, Esq., Shendell & Pollock, P.L., One Park Place, 621 N.W. 53'o Street, Suite 310, BocaRaton, Florida 33487

{File:00181348.}- 2 -

tt

IN RE: ESTATE OF ALLAN HAYMES,Deceased.

ZYLO MARSHALL

Petitioner,

LOIS M, HAYMES, as PersonalRepresentative of the Estate ofALLAN HAYMES, and CRAIG DONOFF,as Personal Representative of the Estateof ALLAN HAYMES

Respondents.

IN T}IE CIRCUM COURT OF THE IsTHJUDICIAL CIRCUIT IN AND FORPALM-BEACHCOUNTY, FLORIDA

PROBATE DTVISION

CASE NO: 5020 I 0CP004252XXXXSB

ADV. CASE NO:

fi)

=1,= -

=r-I'- (-+-D L3H;, =7-, Ie?i' r\'! -c:,*3r T9:"

-iiH qPB-'^ a

ORDER ON PETITIONER'S MOTION TO COMPELpIscovEBY oN RE9TTESTS FOR PBOpU_CTTONTHIS CAUSE coming before the Court on Petitioner's Motion to Compel Discovery on Request

for Production, and the Court having reviewed the Motion, heard argument of counsel, and beingotherwise duly advised in the premises, it is

ORDERED AND ADJUDGED that the Motion to Compel is granted in part and denied in part as

set forth below:

RI]LINGS REGARDING REQUESTS T'OR PRODUCTION TO CRAIG DONOrr'l. Respondent's objections to Request I are sustained in part and ovemrled in-part. Mr. Donoff

shall produce documents responsive to this request dated within one (l ) year prior to Mr.Haymes'death.

2. Respondent's objections to Request 2 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated within one ( I ) year prior to IVk,Haymes'death.

3' Respondent's objections to Request 3 are ovemrled. Mr. Donoffwill produce the inventory andback up documentation supporting same.

{File: 00181349.}- I -

CASE NO: 502010CP004252)COO(SB

4. Respondent's objectionsto Request4 are sustained5. Respondent's objections to Request 5 are ovemrled.6. Respondent's objections to Request 6 are sustained in part and ovemtled in part. Mr. Donoff

shall produce documents responsive to this request dated from lanuary l, 2008 forward.

7, Respondent's objections to Request 7 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated January 1,2008 forward.

8. Respondent's objections to Request 8 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated within one (l) year prior to Mr.Haymes'death.

9. Respondent's objections to Request 9 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents rosponsive to this request dated within one (l) year prior to Mr.Haymes'death.

10. Respondent's objections to Request 10 are sustained in part and ovemrled in part lv[r. Donoffshall produce documents responsive to this request dated witlin one (l) year prior to Mr.Haymes'death.

11. Respondent's objections to Request 1l are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated within one (l) year prior to lW.Haymes'death.

12. Respondent's objections to Request 12 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated within one (l) year prior to Mr.Haymes'death.

13. Respondent's objections to Request 13 are sustained in part and ovem.rled in part. Mr. Donoffshall produce documents responsive to this request dated within one (l) year prior to Mr.Haymes'death.

14. Respondent's objections to Request 15 are ovomtled.

15. Respondent's objections to Request l7 are sustained in part and ovemrled in part. Mr. Donoffshall produce documents responsive to this request dated within one ( I ) year prior to Mr.Halrmes' death sufficient to disclose the existence of a parErership interest and its presentapproximate value,

16. Mr. Donoffshall produce documents responsive to Request 19 to the extent such documents arewithin his possession, custody or confrol.

Documents produced by Mr. Donoff may be subject to claims of privilege,'which this Court willreview. IvIr. Donoff shall produce a privilege log itemizing all documents withheld from productionpursuant to claims of privilege. Respondent shall produce documents to Petitioner on or before June 21,201t.

{File: 001 I l3 49 .\- 2 -

CASE NO: 502010CP004252)OOO$B

RULINGS REGARDING REQIIESTS FOR PROIIUCTION TO LOIS HAYMES

l. Respondent's objections to Request I are sustained in part and ovemrled in part. Mrs- Haymesshali produce doiuments responsive to this request dated within one (l) year prior to Mr,Haymes'death.

Z. Respondent's objections to Request 2 are sustained in part and ovemrled in part. Mrs. Haymesshait produce documents responsive to this request dated within one (l) year prior to Mr.Haymes'death.

3. Respondent's objections to Request 3 are ovemrled. Mrs. Haymes will produce the inventory andback up documentation supporting same.

4. Respondentns objections to Request 4 are sustained

5. Respondent's objections to Request 5 are ovemrled. Mrs. Haymes shall produce documentsresporrsive to thii request including un-redacted oopies of the estate planning documents.

6. Mrs. Haymes shall produce documents responsive to Request 6 to ttre extent such documents arewithin her possession, custody or control'

7. Mrs. Haymes shall produce documents responsive to Request 7 to the extent such documents arewithin her possession, custody or control'

8. Respondent's objections to Request 8 are sustained in part and ovemlled in part. Mrs. Haymesshali produce doluments responsive to this request dated within one (1) year prior to Mr.Haymes'death.

g, Respondent's objections to Request 9 are sustained in part and ovemrled in part. Mrs. Haymesshafl produce doiuments responsive to this request dated within one (t) year prior to Mr'Haymes'death.

10. Respondent's objections to Request 10 are sustained in part and ovemrled in partlvlrs. Haymesshali produce doiuments responsive to this request dated January 1, 2003 forward'

l l. Respondent's objections to Requost l1 are sustained in part and ovemrled in part. Mrs, Haymesshall produce doluments responsive to this request dated within one (l) year prior to Mr.Haymes'death.

12. Respondent's objections to Request 12 are sustained in part and ovemrled in part. Mrs. Haymesshafl produce do-cuments responsive to this request dated within one (1) year prior to Mr.Haymes'death.

13, Respondent's objections to Request 13 are sustained in part and overruled in part. Mrs. Haymesshall produce do-cuments responsive to this request dated within one (1) year prior to Mr.Haymes'death.

14. Mrs. Haymes shall produce documents responsive to Request l4 to the extent such documents arewithin her possession, custody or contol.

15. Respondent's objections to Request l5 are ovemrled'

{File:00181349 .}-3 -

CASE NO: 502010CP004252)OOfiSB

15. Respondent's objections to Request 15 are ovemrled.

17. Respondent's objections to Request 17 are sustained in part and ovemtled in part Mrs. Haymesshall produoe documents responsive to this request dated within one (l) year prior to Mr.Haymes' death suffrcient to disclose the existence of a parhership interest and its prosentapproximate value.

18. Respondent's objections to Request I8 are sustained in part and overruled in part. Mrs. Haymesshall produce documents responsive to this request dated within one (l) year prior to Mr,Haymes'death.

19. Mrs. Haymes shall produoe documents responsive to Request l9 to the extent such documents arewithin her possession, custody or contol.

Documents produced by Mrs. Haymes may be subject to claims of privilege, which this Court willreview. Mrs, Haymes shall produce a privilege log itemizing all documents withheld from productionpursuant to claims of privilege. Respondent shall produce documents to Petitioner on or before June 21,201 L

DONE AND ORDERED in Chambers in Dolray Beach, Palm Beach County, Florida this L dayofJune, 201 L

HONORABLE MARTIN H. COLINCircuit Court Judge

Copies ftrnished to:Brandan J.Pratt, Esq., Miller & O'Neill, P.L.,2300 Glades Road, Suite 400E, Boca Raton, Florida,33431Matthew A. Tornincasa, Esq., Shendetl & Polloclq P.L,, One Park Place, 621 N,W. 53'd Street, Suite 310,Boca Raton, Florida 33487

{File: 00181349 .}- 4 -