Court filing
Exhibit A - Deposition notice — Agent Fee Litigation (Dkt. 73.1)
Summary
Plaintiff's Amended Notice of Deposition of Defendant Synovus Bank in Sport & Wheat CPA PA v. ServisFirst Bank Inc., Synovus Bank, et al., Case No. 3:20-cv-5425-TKW-HTC, in the U.S. District Court for the Northern District of Florida, dated June 16, 2020. Citing Rule 30 of the Federal Rules of Civil Procedure, the notice directs Synovus Bank to produce one or more witnesses for a deposition set for June 18, 2020, to be recorded stenographically and by video. Exhibit A lists the examination topics: the Bank's implementation of the PPP Loan program, including its decision not to pay fees to PPP Agents; its dealings with Sport & Wheat; and the design of its online portal, including the decision that Borrowers could not designate a PPP Agent. Exhibit B gives remote meeting details. The notice is signed by counsel William F. Cash III and John S. Wirt and includes a certificate of service.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SPORT & WHEAT CPA PA,
a Florida corporation, individually and
on behalf of a class of similarly situated
businesses and individuals,
Plaintiff,
Case No. 3:20-cv-5425-TKW-HTC
v.
SERVISFIRST BANK INC.;
SYNOVUS BANK; et al.,
Defendants.
PLAINTIFF’S AMENDED NOTICE OF DEPOSITION
OF DEFENDANT SYNOVUS BANK
Plaintiff Sport & Wheat CPA PA now notices the deposition of Defendant
Synovus Bank, under Fed. R. Civ. P. 30(b)(6).
Synovus Bank is directed, under that rule, to make available one or more
witness to testify on the topics designated in Exhibit A.
This deposition will take place as described below.
This deposition will be taken by stenographic means and video recording,
before an officer authorized to administer oaths and will continue until completed.
The deposition will be taken all purposes permitted under the Federal Rules of Civil
Procedure.
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Date and time June 18, 2020
9:30 EDT
Location Butler Wooten & Peak LLP
105 13th Street
Columbus, Georgia 31901
Zoom login information See Exhibit B
Dated: June 16, 2020 /s/ William F. Cash III
Virginia M. Buchanan (Fla. Bar No. 793116)
Matthew D. Schultz (Fla. Bar No. 640328)
William F. Cash III (Fla. Bar No. 68443)
LEVIN, PAPANTONIO, THOMAS,
MITCHELL, RAFFERTY & PROCTOR,
P.A.
316 South Baylen Street, Suite 600
Pensacola, FL 32502
Phone: 850-435-7059
Email: bcash@levinlaw.com
/s/ John S. Wirt
John S. Wirt, Esq. (Fla. Bar No. 117640)
Pamela Cocalas Wirt, Esq. (Fla. Bar No.
109576)
WIRT & WIRT, P.A.
5 Calhoun Ave, Suite 306
Destin, FL 32541
Tel: 847-323-4082
Fax: 314-431-6920
jwirt@wirtlawfirm.com
Attorneys for the Plaintiff
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CERTIFICATE OF SERVICE
I certify that on June 16, 2020, I served Plaintiff’s Notice Of Deposition Of
Defendant Synovus Bank by e-mail pursuant to the parties’ agreement.
/s/ William F. Cash III
William F. Cash III
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EXHIBIT A
In accordance with Fed. R. Civ. P. 30(b)(6), Sport & Wheat designates the matters
identified below for examination. In construing these topics, the following
instructions and definitions shall apply:
1. All terms shall be construed to encompass as broad a range of
information as permitted under the FRCP.
2. “Bank” means Synovus Bank.
3. “CARES Act,” “Paycheck Protection Program,” and “PPP Interim
Final Rule” have the meanings in the operative complaint.
4. “PPP” means the Paycheck Protection Program as defined in the
operative complaint.
5. “Borrower” means any person or entity that applied for a PPP Loan
from the Bank, whether or not the Bank issued such loan.
6. “PPP Loan” means all loans that Borrowers applied for with the Bank
under the PPP.
7. “PPP Agent” means any person who acted as an agent to assist a
Borrower in applying for a loan under the PPP, whether or not the Bank
intended or agreed to compensate that person.
The deponent(s) shall be prepared to address the following topics:
I. The Bank’s implementation of the PPP Loan program, including:
A. The facts and circumstances regarding the Bank’s implementation of
the PPP Loan program.
B. The ownership and corporate structure of the Bank, including its parent
and subsidiary corporations, and their respective shareholders,
directors, officers and employees.
C. The persons at the Bank responsible for setting the Bank’s policies
regarding the PPP.
D. The policies the Bank adopted as to the PPP, and specifically, those
policies relating to the claims and defenses in this action.
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E. The Bank’s decision not to pay fees to PPP Agents, including Sport &
Wheat.
F. The Bank’s communications with PPP Agents and requests for
information from PPP Agents for PPP Loans.
II. Sport & Wheat, and specifically:
A. All communications the Bank had with Sport & Wheat.
B. All meetings or communications internal to the Bank that relate to Sport
& Wheat’s work on PPP Loans.
C. Each PPP Loan transaction the Bank engaged in where Sport & Wheat
acted as a PPP Agent.
D. The extent of the Bank’s knowledge of Sport & Wheat’s involvement
with each PPP Loan where Sport & Wheat was a PPP Agent.
E. The value of Sport & Wheat’s services to the Bank.
F. The time, energy, and money the Bank saved because Sport & Wheat
acted as a PPP Agent.
G. The identity of each person involved in the decision to deny Sport &
Wheat its fees as a PPP Agent.
III. The design and implementation of the Bank’s online portal for Borrowers
to apply for PPP Loans with the Bank via the Internet, including:
A. The identity of the technical persons responsible for the technical
designing and implementation of the portal.
B. The identity of the non-technical persons who made the decision to have
the portal designed so that Borrowers could not designate a PPP Agent
when applying for a PPP Loan.
C. The Bank’s decision not to allow Borrowers to designate a PPP Agent
when applying with the Bank for a PPP Loan.
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EXHIBIT B
Topic: Synovus FRCP 30 (b)(6) Deposition
Time: June 18, 2020 09:30 Eastern Time (US and Canada)
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