Court filing
Exhibit L - FL Subpoena — Blueacorn Beringer (Dkt. 36.13)
No. 5:21-cv-00251-BO · Doc. 36-13 · Docket on CourtListener
Full text
EXHIBIT L
Case 5:21-cv-00251-BO Document 36-13 Filed07/06/21 Page1iof6
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1-cv-00251-BO Document 36-13
Filed 07/06/21
Page 2 of 6
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
SUBPOENA DUCES TECUM-INVESTIGATION
INVESTIGATION NUMBER: PD210503138923 REQUISITION NUMBER: DPR2105942
STATE OF FLORIDA V. In Re: INVESTIGATION
TO ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA:
We command you to summon, Blue Accorn LLC, 145 Williman St Charleston, SC, 29403-3112 to be and appear
before the State Attorney of the Eleventh Judicial Circuit of Florida, located at the E.R. Graham Building, 1350 Northwest 12th
Avenue, Miami, Florida, 33136 Ist Floor, Reception Area, (please bring a photo I.D.) on Monday, the 12th, day of July 2021,
at 10:00am, (see KHALIL MADANI, Assistant State Attorney, phone: (305) 547-4025), to bring with him (her or them) and
produce for inspection the following: any and all records related to a ess Po
ee hich the lender is Capital Plus Financial LLC . tn
lieu of appearance, please attach a copy of this subpoena along with the completed certification of business records to the records
and mail them to the attention of: Assistant State Attorney, Khalil Madani, at 1350 N.W. 12 Avenue, Miami, Fl 33136. If
preferred, the records can be emailed to: DanielaGonzalezvaronad miamisao.com
YOU ARE SPECIFICALLY REQUESTED NOT TO DISCLOSE THE EXISTENCE OF THIS REQUEST. ANY
SUCH DISCLOSURE COULD IMPEDE THE INVESTIGATION BEING CONDUCTED AND THEREBY INTERFERE
WITH THE ENFORCEMENT OF THE LAW.
Persons with a disability who require reasonable accommodations should call the number listed above, or for the hearing
impaired call |-800-955-8771 (Florida Relay Service).
And this you shall in no wise omit.
WITNESS, the Clerk of said Court, and the seal of said Court at Miami
of June, 2021.
iami-Dade County
‘lorida, this the 23rd, day
RECEIVED this Subpoena on this the _ i" day of ___ 2021. and executed the same on
the —_ dayof
__, 2021, by delivering a true copy thereof to the witness named above, as
follows. to wit:
SHERIFF, MIAMI-DADE COUNTY FLORIDA
(_] Deputy Sheriff [] State Attorney Investigator
WITNESS INSTRUCTIONS: PLEASE BRING THIS NOTIFICATION WITH YOU
BILLING INSTRUCTIONS: You must attach a copy of this subpoena to your invoice, include your
Federal ID Number and Requisition Number on the invoice and send to the above-listed Assistant State
Attorney at the address listed. Invoices received without a subpoena, Requisition Number, and Federal
Employer ID Number will be returned unpaid.
If the cost of supplying these records exceeds $300.00, you must contact the State Attorney’s Office Fiscal
Division at (305)547-0557, for authorization before proceeding.
ASA initials _ {
0331 - P\SAODOCS Requisitions\DPR2 105942. Doc/DGV
Case 5:21-cv-00251-BO Document 36-13 Filed 07/06/21 Page 3of6
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R. GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100
STATE ATTORNEY www.miamiSAQO.com
June 23, 2021
Re: State v. In Re: INVESTIGATION
Investigation No: —PD210503138923
NOTICE REGARDING FEES
FOR RECORDS PRODUCTION BY A DISINTERESTED WITNESS
Pursuant to Florida Statute 92.153(2)(a), “In any proceeding, a disinterested witness shall be paid for
any costs the witness reasonably incurs either directly or indirectly in producing. searching for,
reproducing, or transporting documents pursuant to a summons [subpoena];
however, the cost of documents produced pursuant to a subpoena or records request by a state attorney
or public defender may not exceed 15 cents per page and $10 per hour for research or retrieval.”
Note: If the cost of supplying these records exceeds $300.00, please contact the State Attorney’s
Office Fiscal Division (305) 547-0557, before proceeding.
After the subpoena is served, you should keep an accurate record of personnel search time and the
number of reproductions made. When the subpoena has been satisfactorily complied with, you may
submit an itemized invoice per the instructions on the subpoena.
You must include the following on your invoice:
Investigation Number
li
2. Requisition Number
3. Your Federal Employer’s Identification Number
THIS NOTICE REGARDING FEES SUPERSEDES ANY
AND ALL PREVIOUSLY PUBLISHED FEE NOTICES
0331 - P\SAODOCS \Requisitions\DPR2105942,Doc|DGV
Case 5:21-cv-00251-BO Document 36-13 Filed 07/06/21 Page 4of6
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E. R. GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI. FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100
STATE ATTORNEY www.miamiSAO.com
June 23, 2021
Re: Certification of Subpoenaed Records
Dear Custodian of Records:
As you may be aware, on some occasions the production of business records by a records
custodian of a corporation is followed by the necessity of live testimony at trial or hearing by
that same records custodian or another designated records custodian. The live testimony is
sometimes required by law to enter the subpoenaed documents into evidence.
Recent changes to Florida law allow some business records to be admitted into evidence
without the need for live testimony when the records are provided along with a certification.
such as the one attached hereto. When permitted, therefore. these certifications could avoid the
need for live testimony by a custodian of records at a trial or hearing.
In an effort to move the requested records into evidence without the need for live testimony,
please complete the attached “Certification,” if true and accurate. and return it along with the
requested records. If you have any questions regarding the form or about the subpoena, please
contact me. Thank you for your anticipated cooperation.
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
By: ~ £e
KHALIL MADANI tir
Assistant State Attorney
ee Case 5:21-cV-00251:BO Document 36-13 Filed 07/06/21 Page 5 of 6
CERTIFICATION OF CUSTODIAN OF RECORDS OF REGULARLY
CONDUCTED BUSINESS ACTIVITIES
Pursuant to Fla. Stat. $90.803(6)(a) & (c), § 90.902(11), § 92.60(2), and/or § 92.605(5)
The undersigned declarant hereby declares, certifies, verifies or states the following:
I, . am a duly authorized officer and/or custodian of
Print Name
records for with authority to execute this
Company Name
affidavit and to certify to the authenticity and accuracy of the records of regularly conducted business
activities which are the subject of this certification.
The records produced herewith, and described below, are original documents or are true copies of
records of a regularly conducted business activity that:
a) Were made at or near the time of the occurrence of the matters set forth by, or from the
information transmitted by, a person having knowledge of those matters:
b) Were kept in the course of the regularly conducted business activity: and
c) Were made as a regular practice in the course of the regularly conducted business activity,
The total number of pages produced are ( ). The records provided are described and identified as
follows (please enter any internal reference number or identification information and/or description below):
I declare under the penalty of perjury of the state or country in which this certification is made that
the foregoing is true and correct.
Date Signature of Affiant/Declarant
Before me, the undersigned authority, personally appeared _ ee ee ae:
Print Name
who, being by me first duly sworn deposes and says that this certification is true and correct. The
foregoing instrument was acknowledged under oath before me, by means of (_] physical presence or CJ
online notarization, on this day of , 20 . by the individual
whose name and signature appear above, and who is personally known to me, or who
produced the following identification (ID Type) and (Number)
Signature of Notary Public in and for
State of
City/County of
0331 - P:\SAODOCS \Requisitions\DPR2105942.Doc/DGV
Case 5:21-cv-00251-BO Document 36-13 Filed 07/06/21 Page 6of6
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