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Motion3 CELU20200000904 FOGGS INVESTMENTS LLCLaw J. MacAlister, pa MailingAddress: 5O5l NapoliDrive Naples, FL34IO5 www.cjmaclaw.com Telephone 259.262.37 60 Facsimile 239:I9o-57n Emaih colleen@jmaclaw.com July 12,2020 Secretary to the Special Magistrate Office of the Special Magistrate c/o Collier County Code Enforcement 2800 North Horseshoe Drive Naples, Florida 34104 BOARD OF COUNTY vs. FOGGS INVESTMENTS LLC Case Numb er CELU 20200000904 Hearing set for August 7 ,2020 Madam Secretary: Pursuant to Article VII, Section l(e), Rules and Regulations of the Special Magistrate. Respondent Foggs Investments,LLC, is notifiing the Office of the Special Magistrate that more than ten minutes per party, including testimony of all witnesses, will be required for Foggs to present its case in the above-captioned matter. Under separate cover, Foggs has requested approval to serve eight subpoenas for brief testimony and at this time, anticipates presenting the testimony of two or three other witnesses. Foggs will also introduce exhibits and conduct cross-examination of all Collier County witnesses. In addition, Foggs will present affirmative defenses to the alleged violation, including legal argument supported by case law. There are two pending motions before the Special Magistrate: a Motion to transfer this matter to the Code Enforcement Board and a Motion to Dismiss the Notice of Violation or limit the scope of the Hearing to the noticed violation. Should either of those motions be denied, Foggs will also need time to enter its objections into the record for purposes ofappeal. In all, and without knowing what witnesses Collier County plans to call, and what evidence Collier County plans to introduce, Foggs would suggest a three-hour hearing. Foggs would also request that the Office of the Special Magistrate set a "time certain" start to the Hearing, so that it can be reflected in the subpoenas. If you have any questions, please callmy office, or send me an email. Kindest acAlister, Esq. Re: Attorney for Respondent Foggs Investments, LLC \ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA Plaintiff, vs. FOGGS INVESTMENTS LLC, Respondent. CASE NO.: CELU20200000904 REOUEST FOR APPROVAL FOR ISSUANCE OF SUBPOENAS IN CASE NO. CELU2O2OOOOO9O4 COMES NOW, Respondent, FOGGS INVESTMENTS LLC, by and through its undersigned counsel, and pursuant to Ordinance2010-04, Section 2-2028, governing Code Enforcement proceedings and files this Request for approval to issue subpoenas for witness testimony for the Hearing scheduled for August 7 ,2020, in Case Number CELU20200000904. Respondent anticipates the testimony of each witness will be fairly short but crucial to Respondent's defense in this matter. Process will be effected by either the Collier County Sheriff or Ortino Process and Respondent understands it bears the cost of the statutory witness fee and mileage fee for each witness. Approval of subpoenas for the following witnesses is requested: John Inquanti Ivan Miller Michelle Bender James Gram James Pianowski David Sanvidge Donald E. Weiss Karen Weiss on behalf of Respondent by: J. MacALISTER, Esq. Florida Bar No: 080471 I l. 2. J. 4. 5. 6. 7. 8. Page 1 of 2 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5061 Napoli Dive Naples, Florida 34103 Phone: (239)262-3760 FAX: (239) 790-5779 colleen@cjmaclaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that three true and correct copies of the foregoing have been mailed by US Mail to the Office of the Special Magistrate, c/o Collier County Code Enforcement, 2800 North Horseshoe Drive Naples, Florida 34104, and a true and correct copy has been mailed by US Mail to: Collier County Board of County Commissioners, 3301 Tamiami Trail East, Building F, Naples, Florida 34112 on this 12'h day ofJuly 2020. J. MacALISTER No:ll By: Page2of 2 VS CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintiff, CASE NO.: CELU20200000904 FOGGS TNVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: JOHN INQUANTI 2355 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifl, in the above styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attomey, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By: COLLEEN J. MacALISTER Florida Bar No. 080471 I Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page I of 2 Phone: (239)262-3760 FAX: (239) 790-s779 colleen@cjmaclaw.com Attorney for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Managerr 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7tt. Page2 of 2 ?\ CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COLJNTY, FLORIDA Plaintiff, vs.CASE NO. : CELU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF'FLORIDA: TO: IVAN MILLER 2383 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifu in the above styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By: COLLEEN J. MacALISTER Florida Bar No. 080471 I Law Offices of Colleen J. MacAlister, P.A 5061 Napoli Drive Naples, FL 34103 Page 1 of 2 Phone: (239) 262-3760 FAX: (239) 790-5719 colleen@cjmaclaw.com Attomey for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance; Please contact Charles Rice, Administrative Services Manager,33l5 E. Tamiami Trail, Suite 501, Naptes, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7tt. Page 2 of 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintift VS.CASE NO. : C8LU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: MICHELLE BENDER 2660 66d, St SW Naples, Florida 34105-7 3 l0 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testiff in the above styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attomey, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By COLLEEN J. MacALISTER Florida Bar No. 080471 I Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page I of 2 Phone: (239) 262-37 60 FAX: (239) 790-5719 colleen@cjmaclaw.com Attorney for Respondent Ifyou are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you' to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800' at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7ll. Page 2 of 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COLINTY COMMISSIONERS, COLLIER COLINTY, FLORIDA Plaintiff, vs.CASE NO. : CELU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: JAMES J. GRAM 2336 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifu in the above styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July,2020 By: COLLEEN J. MacALISTER Florida Bar No. 080471 I Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page 1 of 2 Phone: (239) 262-37 60 FAX: (239) 790-5779 colleen@cjmaclaw.com Attomey for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7tt. Page 2 of 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintifi VS CASE NO.: CELU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: JAMES J. PIANOWSKI 2071 AntiguaLane Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples, Florida 34112, on Friday, August 7 ,2020, beginning at 9:00 a.m. to testiff in the above styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By COLLEEN J. MacALISTER Florida Bar No. 0804711 Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page I of 2 I Phone: (239) 262-3760 FAx: (239) 790-5779 colleen@cjmaclaw.com Attomey for Respondent lfyou are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision ofcertain assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7ll. Page 2 of 2 VS. CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COI.INTY COMMISSIONERS, COLLIER COLINTY, FLORIDA Plaintiff, CASE NO. : CELU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: DAVID W. SANVIDGE 2332 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples, Florida 34112, on Friday, August 7 ,2020, beginning at 9:00 a.m. to testify in the above-styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attomey, and unless excused from this subpoena by this attomey or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By: COLLEEN J. MacALISTER Florida Bar No. 080471 1 Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page I of 2 Phone: (239) 262-3760 FAX: (239) 790-5779 colleen@cjmaclaw.com Attorney for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7tt. Page 2 of 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintiff, VS CASE NO. : CELU20200000904 FOGGS INVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: DONALD E. WEISS 2328 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testi$ in the above-styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By: COLLEEN J. MacALISTER Florida Bar No. 080471I Law Offrces of Colleen J. MacAlister, P.A 5061 Napoli Drive Naples, FL 34103 Page 1 of 2 Phone: (239)262-3760 FAX: (239) 790-s77e colleen@cjmaclaw.com Attorney for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Managerr 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 7tt. Page2 of 2 VS CODE ENFORCEMBNT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COLINTY COMMISSIONERS, COLLIER COLINTY, FLORIDA Plaintiff, CASE NO.: CELU20200000904 FOGGS TNVESTMENTS LLC, Respondent. SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND DEVELOPMENT CODE THE STATE OF FLORIDA: TO: KAREN WEISS 2328 Grenadines Way Naples, Florida 34120 YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson, Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples, Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testiff in the above-styled cause. If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the Special Magistrate, you shall respond to this subpoena as directed. WITNESS my hand on this day of July, 2020 By: COLLEEN J. MaoALISTER Florida Bar No. 080471 I Law Offices of Colleen J. MacAlister, P.A. 5061 Napoli Drive Naples, FL 34103 Page I of 2 Phone: (239) 262-37 60 FAX: (239)790-5779 colleen@cjmaclaw.com Attorney for Respondent If you are a person with a disability who needs any accommodation in order to participate in this proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven days before your scheduled appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 711. Page 2 of 2