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JOH P. CARROLL,
Defendants.
____________________________________________/
Plaintiff JOHN P. CARROLL, moves to add the ST. JOE COMPANY, a Delaware
corporation, and William Britt Greene as party Defendants to this action, and shows grounds as
follows:
Procedure.
2. Plaintiff has displayed due diligence in the pursuit of discovery. Plaintiff has
taken 11 depositions, served several rounds of paper discovery, filed multiple motions to compel,
3. However, the grounds for this motion were not disclosed to Plaintiff by any
defense witness or other defense discovery response until the last round of depositions April 4 and 5,
2011, and the promptly ordered transcripts were only available by April 27, 2011.
established in the covenants, discloses for the first time that the CEO of the ST. JOE COMPANY
asserted influence over the decision making of that Design Review Board and over Defendant
ASSOCIATIONS during the time Defendants committed the acts against Plaintiff.
covert involvement by the CEO of the St. JOE COMPANY other than an admission by an insider of
this nature. In this regard, although a substantial number of insiders were deposed, no prior deponent
6. The Brian Stackable deposition was in the final deposition round allowed to
Plaintiff under the existing discovery schedule, and Plaintiff had no follow-up opportunity to
investigate the truth or falsity of said deponent’s disclosures, or the full significance of the
disclosures.
ASSOCIATION’s motion for summary judgment, and, although the term “indispensible party” is
not used in Defendant’s motion, it is foreseeable that a motion invoking the indispensable party rule
may be filed in the future by Defendants, based upon the Brian Stackable deposition.
8. If the Brian Stackable deposition is false, then it would appear that Defendants
9. Even if the Brian Stackable deposition is true, Plaintiff does not concur that
William Britt Greene and the ST. JOE COMPANY meet the definition of an “indispensible party”,
however, Plaintiff does move for joinder of Mr. Greene and the ST. JOE COMPANY as proper
parties, as possible parties with some liability exposure to Plaintiff, and to moot any indispensable
party issue.
10. This motion is not made for dilatory purpose. Any delay in the proceedings
resulting from adding Mr. Greene and the ST JOE COMPANY is justified by Defendants’ collective
failure until seven weeks before trial to disclose the alleged covert involvement of Mr. Greene and
the ST JOE COMPANY in the material events in this case, and the resulting prejudice to Plaintiff if
WHEREFORE, Plaintiff prays that leave be granted to Plaintiff to add William Britt
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Christopher L. George, Esq., PO Box 1034, Mobile, AL 36633 and to Mark D. Davis, Esq., 694
Baldwin Ave. Suite 1, PO Box 705, DeFuniak Springs, FL 32435 and to Gary Shipman, Esq., 1414
Co. Hwy. 283, Suite B, Santa Rosa Beach, FL by e-mail and regular mail this 1st day of June, 2011.
_____________________________
John P. Carroll
Box 613524
WaterSound, FL 32461
850-231-5616 Phone
850-622-5618 Fax