Filing # 72628581 E-Filed 05/24/2018 01:51:08 PM
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`IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
`IN AND FOR BROWARD COUNTY, FLORIDA
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`SIERRA SNOWHITE KIMBRELL, Individually CIVIL DIVISION
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`and as Personal Representative of the Estate of
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`Stuart Howard Snowhite, Decedent, CASE NO. CACE 17-018461
`Plaintiff, DIVISION: BOWMAN
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`vS.
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`JENNY BIANCA, MARIA C. ROMERO,
`and THE TACO SPOT, CORP.,
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`Defendants.
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`DEFENDANTS’ MOTION TO QUASH SUBPOENA DUCES TECUM
`AND FOR THE IMPOSITION OF SANCTIONS
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`COME NOW, Defendants, Jenny Bianca, Maria C. Romero, and The Taco Spot, Corp.,
`(hereinafter the “Defendants”) by and through their undersigned attorney and file this their Motion
`to Quash Subpoena Duces Tecum and for the Imposition of Sanctions and in support thereof state,
`as follows:
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`1. On October 30, 2017, Plaintiff’s served a Notice of Taking Deposition Duces
`Tecum on the Defendants setting the deposition of non-party, the Record Custodian of JPMorgan
`Chase Bank, together with a copy of the Subpoena Duces Tecum. The Notice and Subpoena are
`attached hereto and incorporated herein as Composite Exhibit “A”. The Subpoena is referred to
`herein as the “2017 Subpoena”.
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`2. The Schedule “A” attached to the 2017 Subpoena reflects that JPMorgan Chase was
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`directed to provide all account documents and information for accounts held by each of the
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 & (954) 491-7099
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`*** FILED: BROWARD COUNTY, FL. BRENDA D. FORMAN, CLERK 5/24/2018 4:26:48 PM. ****
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`CASE NO. CACE 17-018461
`Defendants and non-party BITES BY LOLA CORP d/b/a TACO SPOT, for a 7-year period,
`without restriction as to subject matter or any other appropriate limitations. Emphasis added.
`Specifically, paragraphs 1 and 2 of Schedule “A” of the 2017 Subpoena reads, as follows:
`DOCUMENTS TO BE PRODUCED
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`1. ANY AND ALL DOCUMENTS REFLECTING ANY LOAN
`APPLICATIONS, LOAN DOCUMENTS AND/OR OTHER MATERIALS
`RELATING TO ANY LOAN SOUGHT, PROVIDED TO, AND/OR
`OBTAINED BY STUART HOWARD SNOWHITE , BITES BY LOLA,
`BITES BY LOLA D/B/A THE TACO SPOT, THE TACO SPOT, CORP.
`AND/OR JENNY BIANCA, WHETHER INDIVIDUALLY., JOINTLY, IN
`TRUST OR OTHERWISE.
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`2. ANY AND ALL DOCUMENTS, STATEMENTS, OPENING
`ACCOUNT DOCUMENTS, TRANSFERS, CHECKS (FRONT AND
`BACK), SIGNATURE CARDS, DEPOSITS, CDs, MONEY MARKET
`ACCOUNTS, CHECKING ACCOUNTS, SAVINGS ACCOUNTS, OR
`ANY OTHER ACCOUNTS OWNED INDIVIDUALLY OR JOINTLY
`WITH ANY OTHER PERSON OR ENTITY IN THE NAME OF STUART
`HOWARD SNOWHITE, AND/OR JENNY BIANCA AND/ORMARIA C.
`ROMERO AND/OR THE TACO SPOT, CORP., INCLUDING BUT NOT
`LIMITED TO, ACCOUNT NUMBER ENDING IN 0185 FROM
`JANUARY 1, 2010 THROUGH AND INCLUDING THE DATE YOU
`RESPOND TO THIS SUBPOENA.
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`Emphasis added.
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`3. On November 2, 2017, Defendants’ filed a Motion to Quash Subpoena Duces
`Tecum served upon non-party JPMorgan Chase Bank and sough the imposition of sanctions against
`the Plaintiff’s counsel, including but not limited to requiring payment of Defendants’ attorneys’
`fees and cost necessitated by the Plaintiff’s counsel’s conduct. A copy of said Motion is attached
`hereto as Exhibit “B” and incorporated herein by reference.
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway e Suite 900 ® Pompano Beach, FL 33062 e (954) 491-7099
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`CASENO. CACE 17-018461
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`4. On February 27, 2018, Plaintiff’s counsel filed a Notice of Hearing setting a
`Hearing on April 9, 2018 on the Defendant’s Motion to Quash, which was part of a specially set
`Hearing on four (4) Motions to be heard by the Court on that day. A copy of the Notice of
`Hearing is attached hereto as Exhibit “C” and incorporated herein by reference.
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`3. On April 9, 2018, Counsel for the respective Parties appeared before the Court
`and argued the Defendant’s Motion to Quash. A copy of the condensed version of the transcript
`from the April 9, 2018 Hearing is attached hereto as Exhibit “D” and incorporated herein by
`reference. The arguments relevant to the Defendant’s Motion to Quash are contained primarily in
`pages 16, line 5 through the end of the transcript. The portions of the transcript that relate to the
`instant Motion are, as follows:
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`Page 16
`MR. MANCERI (counsel for Defendants)
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`19 ...But to contend that documents of
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`20 whole cloth should just be produced by - by
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`21 Chase, again, we, think the scope is way beyond
`22 what’s discoverable, particularly in light of the
`23 fact, that they’re asking for my client’s
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`24 personal financial information. There’s no issue
`25 of personal financial information in this case.
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`Page 17
`Your Honor, this is about a business transaction
`and they want to basically do post-judgment
`execution on my client by asking for her personal
`financial information. I get the business part
`of it. But they want to know about my client’s
`individual accounts. That’s not discoverable at
`this juncture. They haven’t even been able to
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`N OV B W
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 & (954) 491-7099
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`CASE NO. CACE 17-018461
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`8 establish that they own this business any longer.
`9 So, for them to ask for personal and financial
`10 information, we don’t think the Court should go
`11 that wide, and the breadth should be limited.
`Page 21
`THE COURT:
`24 The JP Morgan,
`25 obviously the business, the plaintiff’s, and the
`Page 22
`1 application are all subject to discovery. That
`2 discovery relating to the - - Ms. Bianca’s is - - 1
`3 grant that protective order without prejudice to
`4 come back later on to show the Court, if there is
`5 some showing, that we need that information
`Emphasis added.
`6. Attached hereto as Exhibit “E” and incorporated herein by reference is a copy of
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`the April 19, 2018 Order on the Court on Defendants’ Motion to Quash Subpoena Duces Tecum
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`and for the Imposition of Sanctions, which reads, in part, as follows:
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`“ORDERED AND ADJUDGED that said Motion is hereby GRANTED,
`in part, and DENIED, in part, consistent with the following:
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`1.
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`Emphasis added.
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`Plaintiff is hereby authorized to re-issue Plaintiff’s Subpoena Duces Tecum
`to the Records Custodian for JPMorgan Chase.
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`The re-issued Subpoena Duces Tecum may not request the production of
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`personal financial records for accounts owned in the names of
`Defendant, JENNY BIANCA, and/or Defendant, MARIA C. ROMERO.”
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`7. Subsequently, on May 1, 2018 Counsel for the Plaintiff, “SIERRA SNOWHITE
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`KIMBRELL, Individually” (not in the Plaintiff’s capacity as the Personal Representative of the
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`MARK R. MANCERI, P.A.¢ 1600 South Federal Highway & Suite 900 ® Pompano Beach, FL 33062 e (954) 491-7099
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`CASE NO. CACE 17018461
`Estate of Stuart Howard Snowhite, Deceased) served a Notice of Taking Deposition Duces Tecum
`on the Defendants advising of the setting of the deposition of non-party, the Records Custodian
`of JPMorgan Chase Bank, together with a copy of the Subpoena Duces Tecum for Deposition. The
`Notice and Subpoena are attached hereto and incorporated herein by reference as Composite
`Exhibit “F”. The Subpoena is referred to herein as the “2018 Subpoena”.
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`8. Pursuant to the express terms of the April 19, 2018 Order, the 2018 Subpoena was
`supposed to be a re-issuance of the 2017 Subpoena in conformance with the restrictions that the
`Plaintiff was explicitly prohibited from making a request for the “production of personal financial
`records for accounts owned in the names of the Defendant, JENNY BIANCA...” See paragraph
`2 of Exhibit “E”. However, when comparing the respective Schedule “A” attachments to the 2017
`Subpoena and the 2018 Subpoena, it is clear that the Plaintiff’s Counsel failed to adhere to the
`express restrictions contained within the April 19, 2018 Order.
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`9. Specifically, as quoted more fully in paragraph 2 above, Schedule “A” of the 2017
`Subpoena contains paragraphs numbers 1 and 2 which both contain specific language identifying
`by name and requesting documents pertaining to the Defendant, JENNY BIANCA. However,
`paragraph 2 specifically identifies a JPMorgan Chase Account Number ending in 0185. Paragraph
`2 of Schedule “A” on the 2017 Subpoena reads, in part: “Any and all decuments ... including
`but not limited to, Account Number ending in 0185". See Exhibit “A”.
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`10. This is a direct reference to a JPMorgan Chase personal, individual checking
`account of the Defendant, JENNY BIANCA, ending in 0185. Attached hereto as Exhibit “G” and
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 e (954) 491-7099
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`CASE NO. CACE 17-018461
`incorporated herein by reference is a copy of the first page of the monthly JPMorgan Chase bank
`statements for the personal, individual checking account of JENNY BIANCA containing the full
`account number that ends in 0185.
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`11. Pursuant to the express terms of the April 19, 2018 Order, no personal financial
`records of Defendant, JENNY BIANCA, were supposed to be requested by Plaintiff in the re-
`issued 2018 Subpoena. However, Schedule “A” of the 2018 Subpoena (Exhibit “F”) now contains
`four paragraphs instead of the two found in the 2017 Subpoena (Exhibit “A”). Most disturbing
`is that paragraph 4 in the 2018 Subpoena contains a direct request for the very same “Account
`Number ending in 0185", despite knowing that the Court specifically prohibited the Plaintiff from
`asking for this information regarding Defendant, JENNY BIANCA.
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`12. Paragraph 4 contained in Schedule “A” of the 2018 Subpoena (Exhibit “F”) reads,
`as follows:
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`4. ANY AND ALL DOCUMENTS, STATEMENTS, OPENING
`ACCOUNT DOCUMENTS, TRANSFERS, CHECKS (FRONT AND
`BACK), SIGNATURE CARDS, DEPOSITS, CDs, MONEY MARKET
`ACCOUNTS, CHECKING ACCOUNTS, SAVINGS ACCOUNTS, ORANY
`OTHER ACCOUNTS OWNED IN THE NAME OF THE TACO SPOT,
`CORP., INCLUDING BUT NOT LIMITED TO, ACCOUNT NUMBER
`ENDING IN 0185, WHICH EVIDENCE OR CONTAIN ASSETS
`TRACEABLE TO ANY ACCOUNTS OWNED IN THE NAME OF
`STUART HOWARD SNOWHITE, BITES BY LOLA, BITES BY LOLA
`D/B/A THE TACO SPOT, AND/OR THE TACO SPOT, WHETHER
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`INDIVIDUALLY OR JOINTLY WITH ANY OTHER PERSON OR
`ENTITY.
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`Emphasis added.
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 e (954) 491-7099
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`CASE NO. CACE 17018461
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`13. Ascan be clearly seen, this amounts to nothing short of a direct and intentional
`attempt by the Plaintiff and the Plaintiff’s counsel to violate the clear, specific language of the
`April 19, 2018 Order of the Court which expressly prohibited the Plaintiff from requesting the
`production of personal financial records for accounts owned in the name of Defendant, JENNY
`BIANCA.
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`14. The clear, outright attempt to contravene the express terms of the April 19, 2018
`Order should not be tolerated. The hearing transcript reveals that the Court’s directives were clear
`and unambiguous in both oral and written form, as reflected in the April 19, 2018 Order.
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`15. Furthermore, the Plaintiff’s 2018 Subpoena is not a re-issuance of the 2017
`Subpoena. Instead, the 2018 Subpoena contains two additional paragraphs, numbers 3 and 4, that
`were never contained in the 2017 Subpoena. Paragraph 3 now asks for documents and bank
`statements from non-party BITES BY LOLA CORP., but this request was never contained in the
`2017 Subpoena. Paragraph 4 of the 2018 Subpoena asks for documents and statements from
`Defendant, TACO SPOT CORP., that contain assets traceable to, among other things, non-party
`BITES BY LOLA CORP.
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`16. Neither of the two foregoing requests were contained in the 2017 Subpoena, but the
`Plaintiff has chosen to supplement the 2018 Subpoena with these 2 paragraphs, numbers 3 and 4,
`even though the Court ordered a re-issuance of the original 2017 Subpoena without any reference
`to requests for personal financial records. Again, the Plaintiff and her Counsel have intentionally
`chosen to insert additional language and requests for production instead of simply re-issuing the
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 ® (954) 491-7099
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`CASENO. CACE 17-018461
`prior 2017 Subpoena devoid of certain language. This intentional malfeasance should not be
`tolerated by the Court.
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`17. Finally, Schedule “A” of the 2018 Subpoena contains language in all of its
`paragraphs which reads, “WHETHER INDIVIDUALLY OR JOINTLY WITH ANY OTHER
`PERSON OR ENTITY”. This language does not warn or advise JPMorgan Chase that no personal
`financial records either of the individual Defendants should be included in their response to the
`Subpoena, and instead a potential joint account with JENNY BIANCA and/or MARIA ROMERO
`might be innocently provided by JPMorgan Chase if they follow the perceived direction of the
`Subpoena.
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`WHEREFORE, Defendants respectfully request that this Court enter an Order:
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`A. Quashing the 2018 Subpoena served upon non-party JPMorgan Chase Bank;
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`B. Entering sanctions against Plaintiff and/or Plaintiff’s counsel, including but
`not limited to requiring payment of Defendants’ attorneys’ fees and cots
`necessitated by the filing of the Motion; and
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`C. Granting or awarding the Defendants any and all other relief this Honorable
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`Court deems just, equitable and proper.
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`MARK R. MANCERI, P.A.® 1600 South Federal Highway ® Suite 900 ® Pompano Beach, FL 33062 e (954) 491-7099
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`CASE NO.: 14-1740
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`MARK R. MANCERI, P.A.
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`Attorney for Defendants
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`1600 South Federal Highway, Suite 900
`Pompano Beach, Florida 33062
`Telephone: (954) 491-7099
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`E-mail: ;mrmlaw@comcast.net
`mrmlaw l@gmail.com
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`Mark R. Manceri, Esq.
`Florida Bar No. 444560
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
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`e-mail to the designated address(es) to all parties on theyfollowing Service List, this 24" day of
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`[enan
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`Mark R. Manceri, Esq.
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`May, 2018.
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`SERVICE LIST
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`Daniel L. McDermott, Esq.
`Adrian Philip Thomas, P.A.
`Las Olas Square, Suite 1050
`515 E. Last Olas Bivd.
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`Fort Lauderdale, Florida 33301
`dmcdermott@athomaslaw.com
`bwarren@athomaslaw.com
`legal-service@athomaslaw.com
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`MARK R. MANCERI, P.A.e 1600 South Federal Highway & Suite 900 ® Pompano Beach, FL 33062 & (954) 491-7099
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