eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

Filing # 153060544 E-Filed 07/11/2022 12:44:02 PM

IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR CLAY

COUNTY, FLORIDA
CASE NO.: 2020-CA-433
ROLAND MASTANDREA, Div.: B
Plaintiff,
v.
SHERRI SNOW,
Defendant.
____________________________/

MOTION FOR PROTECTIVE ORDER

Pursuant to Florida Rule of Civil Procedure 1.280(c), the Plaintiff, ROLAND

MASTANDREA, by and through its undersigned attorneys, files and serves its Motion for

Protective Order regarding the deposition of Roland Mastandrea as follows:

1. This case is a civil action for defamation arising out of statements made by Defendant

against Plaintiff.

2. The case was dismissed at Summary Judgment by this Court and appealed to the 1st

District Court of Appeals.

3. The District Court of Appeals affirmed this Court’s Order on Summary Judgment.

4. This Court issued an Order awarding Defendant Attorney fees and costs.

5. Defendant now seeks the deposition of Plaintiff for the purpose of discovery in order to

enforce this Court’s Order on Attorney fees and costs.

6. Defendant served a Notice of Deposition and unilaterally set it.

7. After being notified by undersigned of unavailability and the unavailability of Plaintiff,

undersigned filed a Motion for Withdrawal as Attorney.

8. After the undersigned filed a Motion for Withdrawal as Attorney, Defendant’s counsel

executed a Joint Motion for the Withdrawal as Attorney by undersigned.

eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

9. No Order has been received by this Court on the Motion to Withdraw as Attorney and

Defendant’s counsel has not agreed to reschedule the deposition of Plaintiff.

10. Attached is Exhibit “A”; a series of email showing cooperation and communication by

Plaintiff’s counsel and Plaintiff with regard to scheduling.

11. Defendant’s counsel is threatening the enforcement of a subpoena even after being

notified of unavailability to a unilaterally set and scheduled deposition.

12. Florida Rule of Civil Procedure 1.280(c) provides:

Protective Orders. Upon motion by a party or by the person from whom discovery is

sought, and for good cause shown, the court in which the action is pending may make any

order to protect a party or person from annoyance, embarrassment, oppression, or undue

burden or expense that justice requires, including one or more of the following: (1) that

the discovery not be had; (2) that the discovery may be had only on specified terms

and conditions, including a designation of the time or place; (3) that the discovery

may be had only by a method of discovery other than that selected by the party seeking

discovery; (4) that certain matters not be inquired into, or that the scope of the

discovery be limited to certain matters; (5) that discovery be conducted with no one

present except persons designated by the court ; (6) that a deposition after being sealed

be opened only by order of the court; (7) that a trade secret or other confidential

research, development, or commercial information not be disclosed or be disclosed only

in a designated way; and (8) that the parties simultaneously file specified documents or

information enclosed in sealed envelopes to be opened as directed by the court. If the

motion for a protective order is denied in whole or in part, the court may, on such terms
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

and conditions as are just, order that any party or person provide or permit discovery.

The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to

the motion.

13. Here, Defendant’s counsel seeks to have the calendar and legal practice of undersigned

be undermined by his own in seeking to enforce a deposition calendared only by his

office without regard to professional standards of conduct, and without regard to the

business affairs and scheduling of Plaintiff. This is an undue burden to the Plaintiff’s

daily operations.

14. Moreover, Defendant’s refusal to reschedule the deposition to accommodate the schedule

of the Plaintiff’s attorney and of Plaintiff is also burdensome, and oppressive and

inconsiderate.

15. Finally, Plaintiff hereby requests this Court to also limit the scope of the discovery sought

in this deposition. Defendant’s counsel in the notice of the deposition has requested

documents that are outside the purview of discovery under these circumstances and

include but are not limited to copies of Plaintiff’s tax documents. This request is

harassment under the circumstances.

16. Given the nature of the lawsuit underlying this deposition, the involvement of the press,

and the current gubernatorial affairs Defendant is involved in, Plaintiff requests this

Court seal the documents and transcripts of the deposition. Otherwise, the record may

likely be used for the purpose of embarrassing and harassing Plaintiff by way of media

outlet publications.
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

WHEREFORE, the Plaintiff, ROLAND MASTANDREA, respectfully request this court to

enter an order granting its Motion for Protective Order, requiring the Defendant to take the

deposition at a time and place mutually coordinated by the parties after the Court executes

the Plaintiff’s Motion to Withdraw as Attorney, and to limit the scope of the deposition to

assets and collectability of the Defendant’s award for attorney fees and costs; And to seal the

records, exhibits and transcript of the deposition.

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished via the State of Florida E-filing Portal to

Robert Aguilar, Esquire at [email protected] this July 11, 2022 and to all others

on the eservice list.

/s/JackAndreasKrumbein
Krumbein Law PLLC
12724 Gran Bay Parkway West, Suite 410
Jacksonville, Florida 32258
Tel: 407-800-7589
Email: [email protected]
Florida Bar No.: 0103068
Attorney for Plaintiff
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

EXHIBIT A
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

Subject Re: FW: Snow request

From <[email protected]>
To Robert Aguilar <[email protected]>
Cc Roland Mastandrea <[email protected]>
Bcc <[email protected]>
Date 2022-07-11 09:41

Bob,

As you've stated, there is no signed order. Until then, I represent Mr. Mastandrea. I have told you of my
unavailability and Mr. Mastandrea's multiple times given you set this deposition unilaterally. He is not
expected to show up unrepresented in light of the filings for my withdrawal. I will be filing a Motion for
Protective Order. Mr. Mastandrea will not be showing up tomorrow. Please be advised that any attempt at
enforcing that subpoena via law enforcement will be treated in tort. If you want to take the deposition of
Mr. Mastandrea you will need to do so after the Judge has signed the order.

Thank you,

Jack

On 2022-07-11 08:45, Robert Aguilar wrote:

Mr. Mastandrea:

To be clear, the deposition scheduled for tomorrow will not be

postponed without a written commitment from you to a fixed date (we
are looking at August). If the deposition is rescheduled, it can be by
Zoom provided the subpoenaed documents are delivered to my office
before the rescheduled deposition.

Mr. Krumbein is being copied because I do not believe an order has yet
been entered on his motion to withdraw.

Regards,

RA

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this message in error, please notify me immediately by e-mail, discard
any paper copies, and delete all electronic files of the message_._

From: Robert Aguilar

Sent: Thursday, July 7, 2022 3:23 PM
To: Roland Mastandrea <[email protected]>
Subject: RE: Snow request

I was referring to the documents I described in the subpoena served in

this case. Another copy is attached, but I have also included a copy
of the process server’s return.

RA

A law firm is sending this message: It is intended for the exclusive

use of the individual or entity that is the named addressee and may
contain information that is privileged or confidential or otherwise
legally exempt from disclosure. If you are not the named addressee or
an employee or agent responsible for delivering this message to the
named addressee, you are not authorized to read, print, retain, copy,
or disseminate this message or any part of it. If you have received
this message in error, please notify me immediately by e-mail, discard
any paper copies, and delete all electronic files of the message_._
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

From: Roland Mastandrea <[email protected]>

Sent: Thursday, July 7, 2022 3:09 PM
To: Robert Aguilar <[email protected]>
Subject: Re: Snow request

I am not requesting any documents

On Thu, Jul 7, 2022 at 2:26 PM Robert Aguilar

<[email protected]> wrote:

I believe Zoom is fine provided I have copies of the subpoenaed

documents beforehand.

RA

A law firm is sending this message: It is intended for the

exclusive use of the individual or entity that is the named
addressee and may contain information that is privileged or
confidential or otherwise legally exempt from disclosure. If you
are not the named addressee or an employee or agent responsible for
delivering this message to the named addressee, you are not
authorized to read, print, retain, copy, or disseminate this message
or any part of it. If you have received this message in error,
please notify me immediately by e-mail, discard any paper copies,
and delete all electronic files of the message_._

From: Roland Mastandrea <[email protected]>

Sent: Thursday, July 7, 2022 1:56 PM
To: Robert Aguilar <[email protected]>
Subject: Re: Snow request

I am doing my flight schedule now for August. I now have to do

destinations a day apart because of delays and cancellations. As
soon as I button it all down I can let you know. If I am out of
state and have several hours available or even a day can we do it by
Zoom?

On Thu, Jul 7, 2022 at 1:18 PM Robert Aguilar

<[email protected]> wrote:

Mr. Mastandrea,

I will move the deposition to August, but I need some dates on

which you will be available next month. Please let me know and we
can agree on one.

Thank you.

Bob Aguilar

A law firm is sending this message: It is intended for the

exclusive use of the individual or entity that is the named
addressee and may contain information that is privileged or
confidential or otherwise legally exempt from disclosure. If you
are not the named addressee or an employee or agent responsible
for delivering this message to the named addressee, you are not
authorized to read, print, retain, copy, or disseminate this
message or any part of it. If you have received this message in
error, please notify me immediately by e-mail, discard any paper
copies, and delete all electronic files of the message_._

From: Roland Mastandrea <[email protected]>

Sent: Wednesday, July 6, 2022 7:15 PM
To: Robert Aguilar <[email protected]>
Subject: Snow request

Bob
eFiled Date: 07/11/2022, Accepted: 07/11/2022 01:13 PM

Please address me on everything you need regarding your requests.

I do have some appointments set for late this month. As of now,
send everything to me.

--

Roland Mastandrea

ISA Insurance Solutions of America

(904) 375-0726 office
(904) 444-5587 cell
[email protected]

--

Roland Mastandrea

ISA Insurance Solutions of America

(904) 375-0726 office
(904) 444-5587 cell
[email protected]

--

Roland Mastandrea

ISA Insurance Solutions of America

(904) 375-0726 office
(904) 444-5587 cell
[email protected]

--
Jack Andreas Krumbein, Esq.

Krumbein Law PLLC

12724 Gran Bay Parkway West
Suite 410
Jacksonville, Florida 32258
T:(407) 800-7589

"By Appointment Only"

www.jaxkrumbeintrialattorney.com

You can access my papers at the Social Sciences Research Network (SSRN) at
http://ssrn.com/author=1822111

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