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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I AD FOR WALTO COUTY, FLORIDA


CIVIL DIVISIO

JOH P. CARROLL,

Plaintiff, Case o.: 09CA002021


v.

WATERSOUD BEACH COMMUITY ASSOCIATIO, IC.,


Florida Corporation
DAVID LILIETHAL, individually
and as Director,
MARY JOULE, SADRA MATTESO,
ROALD VOELKER,
WATERCOLOR COMMUITY ASSOCIATIO, IC.
JOH DOE and JAE DOE

Defendants.

____________________________________________/

PLAITIFF’S MOTIO TO ADD PARTY DEFEDATS


WILLIAM BRITT GREEE and THE ST JOE COMPAY

Plaintiff JOHN P. CARROLL, moves to add the ST. JOE COMPANY, a Delaware

corporation, and William Britt Greene as party Defendants to this action, and shows grounds as

follows:

1. This motion is made pursuant to Rule 1.250(c), Florida Rules of Civil

Procedure.

2. Plaintiff has displayed due diligence in the pursuit of discovery. Plaintiff has

taken 11 depositions, served several rounds of paper discovery, filed multiple motions to compel,

and discovery has generated over 4,000 pages of numbered documents.

3. However, the grounds for this motion were not disclosed to Plaintiff by any
defense witness or other defense discovery response until the last round of depositions April 4 and 5,

2011, and the promptly ordered transcripts were only available by April 27, 2011.

4. The deposition of Brian Stackable , Chairman of the Design Review Board

established in the covenants, discloses for the first time that the CEO of the ST. JOE COMPANY

asserted influence over the decision making of that Design Review Board and over Defendant

ASSOCIATIONS during the time Defendants committed the acts against Plaintiff.

5. There is no means by which Plaintiff could have gained knowledge of such

covert involvement by the CEO of the St. JOE COMPANY other than an admission by an insider of

this nature. In this regard, although a substantial number of insiders were deposed, no prior deponent

made any such disclosure.

6. The Brian Stackable deposition was in the final deposition round allowed to

Plaintiff under the existing discovery schedule, and Plaintiff had no follow-up opportunity to

investigate the truth or falsity of said deponent’s disclosures, or the full significance of the

disclosures.

7. Those late disclosures are alluded to as being “undisputed” in Defendant

ASSOCIATION’s motion for summary judgment, and, although the term “indispensible party” is

not used in Defendant’s motion, it is foreseeable that a motion invoking the indispensable party rule

may be filed in the future by Defendants, based upon the Brian Stackable deposition.

8. If the Brian Stackable deposition is false, then it would appear that Defendants

are manufacturing a non-existent indispensible party issue.

9. Even if the Brian Stackable deposition is true, Plaintiff does not concur that

William Britt Greene and the ST. JOE COMPANY meet the definition of an “indispensible party”,

however, Plaintiff does move for joinder of Mr. Greene and the ST. JOE COMPANY as proper
parties, as possible parties with some liability exposure to Plaintiff, and to moot any indispensable

party issue.

10. This motion is not made for dilatory purpose. Any delay in the proceedings

resulting from adding Mr. Greene and the ST JOE COMPANY is justified by Defendants’ collective

failure until seven weeks before trial to disclose the alleged covert involvement of Mr. Greene and

the ST JOE COMPANY in the material events in this case, and the resulting prejudice to Plaintiff if

Mr. Greene and THE ST JOE COMPANY is not added.

WHEREFORE, Plaintiff prays that leave be granted to Plaintiff to add William Britt

Greene and THE ST JOE COMPANY as Defendants.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Christopher L. George, Esq., PO Box 1034, Mobile, AL 36633 and to Mark D. Davis, Esq., 694
Baldwin Ave. Suite 1, PO Box 705, DeFuniak Springs, FL 32435 and to Gary Shipman, Esq., 1414
Co. Hwy. 283, Suite B, Santa Rosa Beach, FL by e-mail and regular mail this 1st day of June, 2011.

_____________________________
John P. Carroll
Box 613524
WaterSound, FL 32461
850-231-5616 Phone
850-622-5618 Fax

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