Witness Tampering is taking place in Coach Houses Litigation in Lake County Florida

Witness tampering penalties 1024x576 kneb com 300x169 - Witness Tampering is taking place in Coach Houses Litigation in Lake County FloridaThere has been witness tampering in the Coach Houses litigation in Lake County, Florida.

bill 1 selfie 640w Copy 229x300 - Witness Tampering is taking place in Coach Houses Litigation in Lake County FloridaWilliam M. Windsor received an email (that was not intended for him) that revealed an attorney in the Coach Houses litigation was telling witnesses who had been subpoenaed to give depositions and produce documents NOT to show up.  This appears to be a federal crime of Witness Tampering.

See the evidence in the motion William M. Windsor filed in the case: witness tampering in the Coach Houses litigation.

Here’s the text of the Motion:

  1. On January 29, 2020, Windsor served Isabel Campbell with Notice of Deposition in this case. [EXHIBIT 2356.] The Deposition was scheduled for February 9, 2021.  The Notice was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2370.]
  2. On February 1, 2020, Windsor served Isabel Campbell with the Subpoena Duces Tecum in this case. [EXHIBIT 2357.]  The Subpoena COMMANDED Isabel Campbell to appear on February 9, 2021.  The Subpoena was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2371.]  The Subpoena was also served to Isabel Campbell by personal delivery by process server to her residence at 100 East Oak Terrace Drive, Unit F 2, Leesburg, Florida 34748. [EXHIBIT 2355.]
  3. On February 9, 2021, Isabel Campbell did not attend the Zoom Deposition.ugly 1 191x300 - Witness Tampering is taking place in Coach Houses Litigation in Lake County Florida Windsor has a Zoom recording of her failure to appear at 9:00 a.m.  Isabel Campbell had already failed to respond or produce the records requested in the Subpoena Duces Tecum.
  4. On February 9, 2021, Windsor filed and served Motion for Civil Contempt and Enforcement in this case. It was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2358.]
  5. On February 12, 2021, Windsor emailed Attorney Christina Bredahl Gierke. [EXHIBIT 2363.] Windsor informed her that he smelled something foul in Lake County courts, a smell that he had experienced 10 years ago in the extremely corrupt federal courts in Atlanta, Georgia.  He asked if anyone had bribed Judge Dan R. Mosley or Judge James R. Baxley.  Windsor asked how she could “continue to lie her posterior off about his Complaint in 1647 with this ridiculous claim of inspection of records?  That’s the kind of thing someone will say to a judge because they know the fix is in.”  She did not respond.
  6. On February 13, 2021, Windsor sent an email to owners of Coach Houses, attorneys, and employees of Sentry Management. Omar Nuseibeh and Attorney Christina Bredahl Gierke received it.  This informed all that Notices of Depositions were to follow in this case.  The email explained that attendance at the deposition will be by court order and failure to appear could result in a court order of contempt. [EXHIBIT 2364.]
  7. On February 13, 2021, Windsor filed and served Notice of Taking Oral DepositionChristina Bredahl Gierke - Witness Tampering is taking place in Coach Houses Litigation in Lake County Florida of Omar Nuseibeh in Case No. 35-2019-CA-001528. [EXHIBIT 2362.] It was served on Omar Nuseibeh and Russell Klemm.  Attorney Christina Bredahl Gierke is not now and never has been an attorney in Case No. 35-2019-CA-001528.  Attorney Christina Bredahl Gierke was an attorney for Omar Nuseibeh in Case No. 35-2019-CA-001438, but that case was dismissed on February 10, 2021 following sham pleadings filed by Attorney Christina Bredahl Gierke.  That case is now on appeal and complaints against Judge Dan R. Mosley have been filed.  Windsor believes it is possible that Judge Dan R. Mosley was bribed to rule as he did.  Attorney Christina Bredahl Gierke and her 509-attorney law firm, Cole Scott & Kissane, have just emerged as the leading suspect in this potential crime.
  8. On February 15, 2021 at 9:47 a.m., Windsor received an email from OmarOmar Nuseibeh 300x261 - Witness Tampering is taking place in Coach Houses Litigation in Lake County Florida Nuseibeh. [EXHIBIT 2360.]
  9. Omar Nuseibeh obviously screwed up and didn’t intend to send this email to Windsor.  This email disclosed witness tampering by Attorney Christina Bredahl Gierke aka “Christie.”  Attorney Christina Bredahl Gierke does not represent Omar Nuseibeh in this case.  She has obviously committed witness tampering.
  10. On February 15, 2021 at 9:53 a.m., Windsor sent an email to Omar Nuseibeh so he would know Windsor received the email. Omar Nuseibeh is not the sharpest knife in the drawer. [EXHIBIT 2360.]
  11. On February 15, 2021 at 10:01 a.m., Windsor sent an email to Attorney Christina Bredahl Gierke and her associates and to the attorneys with Clayton & McCulloh. [EXHIBIT 2366.]
  12. On February 15, 2021 at 11:27 a.m., Windsor sent a “Meet and Confer” email to Attorney Christina Bredahl Gierke. [EXHIBIT 2367.] He advised her he would be filing an EMERGENCY MOTION to have her disqualified in the case.  Windsor suggested that she withdraw, but she did not respond.

ARGUMENT

CHRISTINA BREDAHL GIERKE HAS COMMITTED WITNESS TAMPERING

  1. Windsor’s requests for production are proper under Florida Rules of Civil Procedure.
  2. Florida Statute 914.22 [EXHIBIT 2368]:

Tampering with or harassing a witness, victim, or informant; penalties.

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a)Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b)Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c)Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d)Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant. [emphasis added.]

  1. This applies to Criminal Proceedings. There does not appear to be s civil statute regarding witness tampering, so this can be used as a guide for the Court to consider the serious nature of what Christina Bredahl Gierke (and possibly co-conspirators) have done.
  2. Christina Bredahl Gierke has violated a host of the Rules in the Florida Rules of Professional Conduct.
    1. RULE 4-1.2 (d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.
    2. RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL A lawyer must not: (a) unlawfully obstruct another party’s access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; (b) fabricate evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness, except a lawyer may pay a witness reasonable expenses incurred by the witness in attending or testifying at proceedings; a reasonable, noncontingent fee for professional services of an expert witness; and reasonable compensation to a witness for the time spent preparing for, attending, or testifying at proceedings; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
    3. RULE 4-4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS RULE 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 4-1.6.
  3. There are undoubtedly others that address lying, witness tampering, and conspiracy.
  4. Courts may not allow attorneys for the only Defendant in a case to contact people subpoenaed as witnesses in the case and tell them not to show up.

Violation of 18 U.S. Code § 1512

  1. 18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant:

(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

(2) cause or induce any person to

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D) be absent from an official proceeding to which such person has been summoned by legal process; [EXHIBIT 2369.]

  1. Christina Bredahl Gierke has violated 18 U.S. Code § 1512 with Omar Nuseibeh.
  2. Christina Bredahl Gierke has likely also violated 18 U.S. Code § 1512 with Isabel Campbell.
  3. 18 U.S. Code § 1512 indicates the punishment is a fine or imprisonment for not more than 20 years, or both.

BRIBERY

  1. Attorneys may not bribe judges.
  2. This is something the State Attorney should investigate.

PRAYER FOR RELIEF

  1. Wherefore, Windsor moves the Court for an order scheduling an EMERGENCY HEARING to consider this motion prior to any further consideration of the DEFENDANT’S Motion to Dismiss; ordering that if Judge Baxley is not available for an immediate hearing, this matter will be referred to another judge who can hear it; issuing an Order to Show Cause to Christina Bredahl Gierke to respond to charges she has committed witness tampering; issuing sanctions pursuant to Court’s inherent powers; ordering Christina Bredahl Gierke to appear for a deposition with Windsor and produce all communication with anyone except the DEFENDANT without objections; ordering Christina Bredahl Gierke to produce all communication with the DEFENDANT with a Privilege Log to indicate what she claims is attorney-client privileged; ordering Christina Bredahl Gierke to have no further contact with any current or former owner of Coach Houses at Leesburg or anyone involved as a party or as an attorney in Case No. 2020-CA-1438; lifting the discovery stay ordered sua sponte on February 12, 2021; asking the State Attorney to investigate; and granting such other and further relief as is deemed just and proper.

This 15th day of February, 2021.

______________________________

William M. Windsor

Windsor v. Coach Houses at Leesburg Condominium Lawsuit – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

emotional distress 300x159 - Windsor v. Coach Houses at Leesburg Condominium Lawsuit – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

COUNT NINE

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  1. WILLIAM M. WINDSOR adopts and realleges Paragraphs 1 through 505.
  2. WINDSOR asserts this claim against all DEFENDANTS.
  3. DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on WINDSOR.  Their conduct has been outrageous.  Their conduct has caused and continues to cause emotional distress to WINDSOR.  The emotional distress has been and is severe.
  4. SOF 119, 131, 133, 134, 137, 142, 144, 146, 147, 151, 153, 154, 161, 169, 187, 188, 193, 204, 207, 222, 234, 502, 503, 504, and paragraphs 654-667 are specifically noted on this Cause of Action.
  5. has been viciously defamed.  His fellow owners, mainly senior citizens, have falsely and maliciously been told he doesn’t know the law, is a criminal, and has threatened to kill fellow owners.  An alleged Wanted Poster with Windsor’s photograph was mailed anonymously to every owner.  At least two of the owners called to report Windsor to the Leesburg Police Department as a wanted man who needed to be arrested.  CHARLIE ANN ALDRIDGE and SENTRY MANAGEMENT tried to have Windsor arrested for speaking at a meeting; an All-Points-Bulletin was issued for him by the Tavares Police Department.  Police have been hired to attend meetings because Windsor had allegedly made threats to hurt or kill Board members.  At least one of the scariest owners sat next to Windsor at a meeting with a pistol in his pocket.  They’ve threatened to file liens and foreclose.  One woman filed a criminal stalking complaint against him.  Windsor has found shell casings next to his vehicle and a big snake in his garage.  His property has been vandalized. [See SOF 190, 302.]
  6. CLAYTON AND MCCULLOH Attorneys have abused WINDSOR repeatedly.  It has been one lie after another.  Surely this must be the biggest malpractice case in history in terms of the number of issues.
  7. The DBPR should be a place where condominium owners can go for relief from wrongdoing.  Instead the DBPR, MAHLON C. RHANEY, and LEAH SIMMS lied and violated the law repeatedly.  This caused significant mental anguish.  The DBPR DEFENDANTS were reckless and showed bad faith, malicious purpose, and wanton and willful conduct.  There has never been an appellate decision in Florida granting immunity to the DBPR or its employees.
  8. Merriam-Webster defines “emotional distress” as “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought.”
  9. Emotional distress should be a relative issue.  Windsor is a disabled senior citizen.  He is 72 years-old.  He has been humiliated by the DEFENDANTS.  He has developed insomnia.  He can only walk short distances with a cane.  He lives on the second floor and has fallen down the stairs many times.  He is like a prisoner in his second-floor condo where he has become despised by most of the neighbors.  Windsor has been living on an emotional roller coaster for the last two years.  He has studied the law, become confident with the law and the evidence, and has attempted to get the wrongdoing with the ASSOCIATION corrected.  Then there are no responses or outrageous legal responses.  This causes extreme mental anguish in WINDSOR.
  10. MARTA CARBAJO and VICKI HEDRICK’s gun-toting husband, David Wayne Hedrick, have accused WINDSOR of being a criminal.  In early 2019, WINDSOR learned that David Wayne Hedrick was telling people that WINDSOR had threatened to do bodily harm to his wife, VICKI HEDRICK.  On January 26, 2019, David Wayne Hedrick sent a letter to OMAR NUSEIBEH, VICKI HEDRICK, KAREN BOLLINGER, and SENTRY MANAGEMENT in which he accused WINDSOR of “felonious actions.”  This is libel.  [EXHIBIT 1029.]  The Legal Dictionary defines “felonious” as “done with an intent to commit a serious crime or a felony; done with an evil heart or purpose; malicious; wicked; villainous.”  WINDSOR has never committed a crime other than some speeding over 20 years ago.  He has never done a felonious action.  He has done nothing with an evil heart, malicious, wicked, or villainous.  WINDSOR considers David Wayne Hedrick to be a threat.  He seems unstable, and he has guns.
  11. Upon information and belief, MARTA CARBAJO is responsible for a wanted poster being sent to every member of the ASSOCIATION and is one of the people who contacted the Leesburg Police Department attempting to get WINDSOR arrested for being wanted.  WINDSOR is severely claustrophobic, and the thought of being locked up in a jail or prison causes extreme mental anguish.
  12. Having SENTRY MANAGEMENT call the Tavares Police Department in an attempt to get WINDSOR arrested for exercising his legal right to speak at a purported meeting was outrageous.  The Tavares Police issued an All-Points Bulletin for Windsor. [EXHIBIT 1812.]  WINDSOR has a video to prove what happened.  In an Inspection of Records, WINDSOR learned that NEAL MCCULLOH of CLAYTON AND MCCULLOH orchestrated this outrage. [EXHIBIT 1848.]  [EXHIBIT1847.] [See SOF 302.]
  13. On June 29, 2019, WINDSOR sent an email to inform owners that he had been reported to the police by the ASSOCIATION or SENTRY MANAGEMENT on June 20, 2019. [EXHIBIT 1088.]  [EXHIBIT 1059 at 2:50, WINDSOR asked “what about the eight open spots on the Board?”  CHARLIE ANN ALDRIDGE said the meeting was adjourned.  She then ordered WINDSOR to leave the building.  The remainder of the video is CHARLIE ANN ALDRIDGE escorting WINDSOR out of the building.  Later that day, owner Larry Lunsford informed WINDSOR that two Tavares Police Officers arrived after he left.  As the video shows, there was absolutely no basis for reporting WINDSOR to the police.
  14. Falsely accusing WINDSOR of crimes creates severe emotional distress.  WINDSOR is an honest, law-abiding citizen.  He has never intentionally committed a crime.  He doesn’t even have a traffic or parking ticket in the last 20 years.
  15. CHARLIE ANN ALDRIDGE of SENTRY MANAGEMENT repeatedly violated WINDSOR’s rights to speak and inspect records, and she routinely ensured that the ASSOCIATION violate the Florida statutes and corporate governing documents.
  16. Having resident Dorothy Liebl attempt to have WINDSOR arrested for stalking and attempt to get a stalking protective order was extremely devastating.  Dorothy Liebl filed a complaint with the Lake County Court (Case No. 35-2009-DR-000650) in which she sought to have WINDSOR ordered to move away from Coach Houses.  Dorothy Liebl lied.  She failed to appear for the hearing, so the case was dismissed.  While that was a relief, WINDSOR would have preferred to get her under oath and prove perjury.  Dorothy Liebl’s outrageous actions will continue to damage WINDSOR.  When WINDSOR needed a caregiver after a bad fall down the stairs and was in horrific pain, he was denied a caregiver because the company found Dorothy Liebl’s stalking complaint online.
  17. On January 9, 2019, WINDSOR was informed that one Coach Houses owner, Dave Van Leeuwen, was told that WINDSOR had physically threatened Board members.  Dave Van Leeuwen had decided WINDSOR was a dangerous person and he should have nothing to do with him. [EXHIBIT 346.]  WINDSOR was then told by neighbors that OMAR NUSEIBEH was telling owners that WINDSOR had threatened to kill Board Members.  WINDSOR was told that VICKI Hedrick’s husband, David Wayne Hedrick, had told people that WINDSOR had threatened to kill VICKI HEDRICK.  WINDSOR was told that owner MARTA Carbajo was telling owners that WINDSOR was wanted for criminal charges of fraud.  Someone mailed a Wanted Poster with WINDSOR’S photo to the owners.  None of this was true.
  18. Owner Allan Holtz informed WINDSOR about Dave Van Leeuwen.  WINDSOR asked if Dave would be willing to meet with him, and he responded: “No, I’m quite sure Dave wouldn’t be willing.  He literally seems to be scared of you.  My impression is that he really believes that you made physical threats to the board and that you are a dangerous guy.  Someone’s done a pretty good job on him….” [EXHIBIT 349.]
  19. On January 11, 2019, WINDSOR emailed Dave Van Leeuwen about the defamation he had heard. [EXHIBIT 347.]  On January 13, 2019, Dave Van Leeuwen emailed WINDSOR to acknowledge the defamation he had heard and to apologize for sharing it. [EXHIBIT 348.]
  20. On March 5, 2019, a so-called “Town Hall Meeting” was held. [EXHIBIT 281.]  I considered it to be an effort by CLAYTON AND MCCULLOH to dissuade owners from voting to replace OMAR, VICKI, and KAREN. [EXHIBIT 282-1, EXHIBIT 282-2, EXHIBIT 282-3, EXHIBIT 282-4, EXHIBIT 282-5, EXHIBIT 282-6, EXHIBIT 282-7 is video from the meeting.]  No minutes were published for the purported meeting. [See SOF 184.]
  21. On March 5, 2019, NEAL MCCULLOH of CLAYTON AND MCCULLOH distributed a letter to the owners of the ASSOCIATION. [EXHIBIT 267.]  In the second paragraph on page 1, NEAL MCCULLOH of CLAYTON AND MCCULLOH claims the actions taken on December 12, 2018 were at his firm’s direction.  WINDSOR believes this is proof of malpractice.  In the first full paragraph on page 2, NEAL claims the directors were properly elected because “only three (3) people timely and properly submitted an intent to be a candidate for the current term.”  This is false.  WINDSOR has complete proof of this.  In the first full paragraph on page 2, NEAL MCCULLOH falsely claims individuals were recommending self-management and elimination of professional services.  WINDSOR believes this is false and malicious.  In that paragraph,
  22. NEAL MCCULLOH of CLAYTON AND MCCULLOH also claims so many of the legal challenges (by me) are “completely wrong, in error, and in derogation of the Florida Statutes and/or the Association’s Governing Documents.”  This is false and malicious.
  23. After the meeting ended, WINDSOR spoke with
  24. NEAL MCCULLOH of CLAYTON AND MCCULLOH and suggested a meeting to discuss and attempt to resolve the issues.  WINDSOR expressed that this would be far less expensive to the owners.  He refused.  He told WINDSOR to handle it through legal filings.
  25. When NEAL MCCULLOH of CLAYTON AND MCCULLOH spoke to the owners at a so-called Town Hall Meeting on March 5, 2019, he defamed WINDSOR repeatedly.  He falsely and maliciously made claims about the facts and the law.  He indicated repeatedly that he was delighted by the legal actions because it was paying to send his son to college.  This outraged WINDSOR and other owners.
  26. The acts of the DEFENDANTS have been outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.  The blatant violation of the law and the corporate governing documents has been outrageous.  The magnitude of the wrongdoing must be seen as extremely extreme in degree.  There is nothing decent about what the DEFENDANTS have done.  All citizens should be able to expect that they will be treated fairly and with honesty, especially senior citizens.  What the DEFENDANTS have done is intolerable in a civilized society.  When WINDSOR tells people what has been done, the response is “OUTRAGEOUS.”

In most cases, claims for intentional infliction of emotional distress pertain to one or a small number of acts.  In this case, the emotional distress has come from many people and organizations over a period of two years.  It’s like Chinese Water Torture to WILLIAM M. WINDSOR.

Click here for links to the entire lawsuit, by section.

Windsor v. Coach Houses at Leesburg Condominium Lawsuit – CONSPIRACY

COUNT SEVEN

CONSPIRACY

Conspiracy 300x192 - Windsor v. Coach Houses at Leesburg Condominium Lawsuit – CONSPIRACY

Conspiracy is one of the charges against the Defendants:

  1. WILLIAM M. WINDSOR adopts and realleges Paragraphs 1 through 505.
  2. WINDSOR asserts this claim against all DEFENDANTS.
  3. They have conspired to do unlawful acts or do lawful acts by unlawful means.  Many overt acts have been done in pursuance of the conspiracy.  WINDSOR has suffered damage as a result of the acts performed through the conspiracy.
  4. Upon information and belief, there has been an agreement between two or more parties to do unlawful acts or do lawful acts by unlawful means.
  5. One of the acts of the conspiracy is to ignore the laws of the State of Florida and the corporate governing documents to put people who were not lawfully elected in control of the ASSOCIATION.  The goal of the conspiracy was to enable the ASSOCIATION to operate unlawfully.  All of the DEFENDANTS have committed overt acts in pursuance of the conspiracy.  OMAR NUSEIBEH, VICKI HEDRICK, and KAREN BOLLINGER agreed with the SENTRY MANAGEMENT DEFENDANTS and CLAYTON AND MCCULLOH DEFENDANTS to falsely claim the BYLAWS were amended.  The CLAYTON AND MCCULLOH DEFENDANTS handled the legal work to document a BYLAW amendment that was never passed, and CLAYTON AND MCCULLOH filed it in Lake County Florida.  CLAYTON AND MCCULLOH then lied about the validity of the amendment, and SENTRY MANAGEMENT covered up that there was no amendment and no minutes to substantiate a BYLAW amendment.  Upon information and belief, the DBPR was brought into the conspiracy.  MAHLON C. RHANEY has had ex parte discussions with RUSSELL E. KLEMM of CLAYTON AND MCCULLOH.  The DBPR DEFENDANTS have issued opinions that are truly outrageous to assist the other DEFENDANTS in their wrongdoing.  The CLAYTON AND MCCULLOH DEFENDANTS and SENTRY MANAGEMENT DEFENDANTS have been involved since Day One as were OMAR NUSEIBEH, VICKI HEDRICK, and KAREN BOLLINGER.
  6. WINDSOR anxiously awaits discovery that may show who established the agreement and concocted the scheme.  Upon information and belief, it was either OMAR NUSEIBEH, CLAYTON AND MCCULLOH, or SENTRY MANAGEMENT, and it was done in an effort to conceal wrongdoing, criminal acts, improper use of ASSOCIATION assets, and malpractice by CLAYTON AND MCCULLOH and SENTRY MANAGEMENT.
  7. The torts include Breach of Fiduciary Duty, Breach of Contract, Breach of Corporate Governing Documents, Fraud, Intentional Infliction of Emotional Distress, Malpractice, and more.  Upon information and belief, criminal acts have been committed.
  8. The COACH HOUSES MEMBER DEFENDANTS have conspired with the ASSOCIATION and each other.  The COACH HOUSES MEMBER DEFENDANTS, the ASSOCIATION, the CLAYTON AND MCCULLOH DEFENDANTS, the SENTRY MANAGEMENT DEFENDANTS, and the DBPR DEFENDANTS have conspired with each other.  All of the issues applicable to mandatory non-binding arbitration have already been addressed with the DBPR.
  9. Each of the COACH HOUSES MEMBER DEFENDANTS has falsely claimed the BYLAWS were amended and that various people who were never lawfully elected were the Officers and Directors.  The ASSOCIATION has participated in virtually all of the acts of the conspiracy.  The CLAYTON AND MCCULLOH DEFENDANTS and the SENTRY MANAGEMENT DEFENDANTS have facilitated all of the wrongful acts. ALL of the DEFENDANTS have ignored efforts to get state law and corporate governing documents honored.
  10. The DBPR DEFENDANTS have violated Article 1, Section 21 of the Florida Constitution as part of the conspiracy. [See SOF 369.]  There has never been an appellate decision in Florida granting immunity to the DBPR or its employees.
  11. The DBPR, MAHLON C. RHANEY, and LEAH SIMMS acted in the clear absence of all jurisdiction.  They violated the law, committed perjury, acted corruptly, and intentionally violated WINDSOR’s rights.  There is no immunity for criminal conduct and conspiracy by a government agency or attorneys who want to pretend to be “judges.”  They showed bad faith, malicious purpose, and wanton and willful conduct.  [See SOF 502, 503, 504.]
  12. A significant effort of the conspiracy has been to wrongfully declare BYLAW 2.2 was amended on August 1, 2017.  The records produced by the ASSOCIATION at Inspections of Records prove that the BYLAW was not amended.  The Minutes of the meeting do not even mention efforts to amend the BYLAW. [EXHIBIT 1287.] 
  13. WINDSOR has been damaged as a result of the acts done under the conspiracy.  WINDSOR had to withdraw as a candidate for the Board.  WINDSOR lost an $80,000 contract to sell his condo.  WINDSOR has spent many thousands of dollars fighting the wrongful acts.  The ASSOCIATION has spent over $130,000 with CLAYTON AND MCCULLOH battling WINDSOR’s efforts, and WINDSOR has been forced to pay 1/32 of that amount.  WINDSOR has been forced to pay monthly assessments that are dramatically higher than the last lawfully-approved assessment.  WINDSOR has been forced to endure emotional distress.

The DEFENDANTS developed a “peculiar power of coercion” possessed by the conspirators by virtue of their combination, which WINDSOR acting alone does not possess.  Here it was the concerted nature of the actions of these DEFENDANTS that caused the resulting losses to WINDSOR.

Click here for links to the entire lawsuit, by section.

 

Windsor v. Coach Houses at Leesburg Condominium Lawsuit

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL DISTRICT

IN AND FOR LAKE COUNTY, FLORIDA

William M. Windsor,

Plaintiff,

                                                                                    Case No. 35-2020-CA-001438

vs.

Coach Houses at Leesburg Condominium Association, Inc., Omar Nuseibeh, Vicki Hedrick, Karen Bollinger, Shehneela Arshi, Isabel Campbell, Sergio Naumoff, Ed Broom, Jr., Marta Carbajo, Sue Yokley, Wendy Krauss, Howard Solow, Sentry Management, Inc., Charlie Ann Aldridge, Art Swanton, Brad Pomp, Clayton & McCulloh, P.A., Brian Hess, Neal McCulloh, Russell Klemm, Florida Department of Business and Professional Regulation, Mahlon C. Rhaney, Leah Simms, and Does 1-20,

Defendants.

____________________________________________________________________________

SECOND AMENDED COMPLAINT

PLAINTIFF hereby files this Second Amended Complaint (“SECOND AMENDED COMPLAINT”) and shows the Court the following:

PLEASE BE ADVISED: Everything you are about to read regarding the BIG LAWSUIT is the actual lawsuit Complaint. It was sworn under penalty of perjury before a notary to be true and correct based upon William M. Windsor’s knowledge. It is on file in Lake County Circuit Court for anyone to read.

Introduction

Jurisdiction and Venue

Parties

Legal Background

Statement of Facts:

Facts — 2018

Facts — January 2019

Facts — February 2019

Facts — March 2019

Facts — April 2019

Facts — May 2019

Facts — June 2019

Facts — July 2019

Facts — August 2019

Facts — September 2019

Facts — October 2019

Facts — November 2019

Facts — December 2019

Facts — January 2020

Facts — February 2020

Facts — March 2020

Facts — May 2020

Facts — June 2020

Facts — July 2020

Facts — August 2020

Facts — September 2020

Facts — October 2020

CAUSES OF ACTION

COUNT ONE — BREACH OF FIDUCIARY DUTY

COUNT TWO — FRAUD

COUNT THREE — DERIVATIVE ACTION FOR LEGAL MALPRACTICE

COUNT FOUR — BREACH OF CONTRACT

COUNT FIVE — DERIVATIVE ACTION FOR MALPRACTICE AND BREACH OF CONTRACT

COUNT SIX — BREACH OF CONTRACT – FAILURE TO KEEP COMMON AREAS CLEAN

COUNT SEVEN — CONSPIRACY

COUNT EIGHT — PROFESSIONAL NEGLIGENCE

COUNT NINE — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

PUNITIVE DAMAGES

Prayer for Relief