UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: Case No. 18-16248-BKC-MAM

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

_____________________________________/

ROBERT C. FURR not individually but ADV. NO. 19-01298-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff,

v.

JEFFREY M. SISKIND, individually and

d/b/a SISKIND LEGAL SERVICES,

TANYA SISKIND, individually and as Trustee of the,

SECOND SISKIND FAMILY TRUST,

FRANK ZOKAITES, individually,

CANNAMED PHARMACEUTICALS, LLC,

a Maryland Limited Liability Company,

OB Real Estate 1732, LLC, a

Florida Limited Liability Company,

SISKIND LEGAL SERVICES, LLC,

a Florida Limited Liability Company,

SOVEREIGN GAMING & ENTERTAINMENT, LLC,

a Florida Limited Liability Company

FLORIDA'S ASSOCIATION OF COMMUNITY

BANKS AND CREDIT UNIONS, INC. a Florida Corporation,

SYMPATICO EQUINE RESCUE, INC, a Florida Corporation,

WELLINGTON 3445, LP, a Florida Limited Partnership,

ZOKAITES PROPERTIES, LP, a Pennsylvania Limited Partnership,

and ROBERT GIBSON, individually,

Defendants.

______________________________________/

DEFENDANTS FRANK ZOKAITES, OB REAL ESTATE 1732, LLC,

WELLINGTON 3445, LP AND ZOKAITES PROPERTIES, LP’S EMERGENCY

MOTION TO COMPEL DEPOSITION OF ROBERT GIBSON

FOR SEPTEMBER 24, 2019 AS PREVIOUSLY

SCHEDULED AND PROPERLY COORDINATED

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 1 of 8
Defendants, FRANK ZOKAITES (“Zokaites”), Pro Se, and OB REAL ESTATE 1732, 

LLC, WELLINGTON 3445, LP and ZOKAITES PROPERTIES, LP (together, the “Zokaites 

Affiliated Entities”), by and through undersigned counsel, hereby file their Emergency Motion to 

Compel Deposition of Robert Gibson for September 24, 2019 as Previously Scheduled and 

Properly Coordinated, and as grounds therefore state as follows:

1. On August 27, 2019, the undersigned requested to take the deposition of 

Defendant ROBERT GIBSON (“Gibson”) and sent correspondence requesting all parties’

availability. A true and correct copy of said correspondence is attached hereto as Exhibit “A.”

2. On September 4, 2019, Gibson advised that he was available on September 24, 

2019, after 10:30 a.m. for his deposition. See Exhibit “A.”

3. Accordingly, on September 6, 2019, the undersigned served all parties with a 

Notice of Taking Deposition. See Notice of Taking Deposition attached hereto as Exhibit “B.” 

The Notice was later filed with the Court on September 12, 2019 [DE 26]. Gibson’s deposition 

was later cross-noticed by Jeffrey Siskind [DE 30] and the Trustee [DE 31].

4. On September 22, 2019, Zokaites wrote to Gibson to confirm his appearance for 

the previously scheduled deposition. A true and correct copy of correspondence dated 

September 22, 2019, is attached hereto as Exhibit “C.”

5. In response, Gibson advised that he had prepared a Motion for Protective Order 

and that he was going to be filing it with the Court. See Exhibit “C.” Gibson has not yet served

any Motion for Protective Order on any party.

6. Gibson has now advised that he would be seeking to retain counsel to represent 

him in this matter even though Gibson never previously advised that he would be retaining

counsel or that this would be an impediment to having his deposition taken on September 24, 

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 2 of 8
2019. Gibson has been appearing in this case pro se and even attended the initial Motion for

Preliminary Injunction hearing on August 9, 2019, advising this Court that he was acting pro se.

7. Of most importance is the fact that Gibson continues to use similar stall tactics to 

avoid being deposed. In another matter pending in state court in Palm Beach County, entitled

Zokaites Properties, LP v. Sovereign Gaming & Entertainment, LLC, et al., Case No. 50-2016-

CA-012892 (the “State Court Litigation”), Gibson’s deposition was scheduled on at least four (4)

separate occasions. Instead of attending his deposition (that was scheduled on four (4) separate 

occasions), Gibson filed four (4) separate Motions for Protective Order the night before the 

deposition was supposed to have taken place. See attached Motion to Compel previously filed in 

the State Court Litigation, attached hereto as Exhibit “D,” establishing that Gibson filed four (4)

separate Motions for Protective Order to avoid his deposition.

8. Gibson is well aware that Zokaites resides in Pittsburgh, Pennsylvania. 

Accordingly, Zokaites has incurred significant costs in having to travel to South Florida for the 

deposition. Further, even if Zokaites could have rescheduled his travel plans, his wife was 

already flying to South Florida from Nevada in order to travel back with Zokaites after the 

deposition; accordingly, he could not cancel said trip at this late time.

9. Moreover, it is certainly difficult to coordinate a deposition when there are so 

many parties involved and the parties spent almost a month coordinating said deposition. Simply

put, this type of conduct should not be tolerated by this Court.

10. Based upon the foregoing, Gibson should be compelled to appear for his 

previously scheduled deposition (until it is completed) and this Court should award sanctions in 

the form of attorneys’ fees for having to prepare the instant Motion.

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 3 of 8
WHEREFORE, Defendants, FRANK ZOKAITES, OB REAL ESTATE 1732, LLC, 

WELLINGTON 3445, LP and ZOKAITES PROPERTIES, LP, request that this Court grant their

Emergency Motion to Compel Deposition of Robert Gibson for September 24, 2019 as 

Previously Scheduled and Properly Coordinated, award sanctions in the form of attorneys’ fees, 

together with such other relief as this Court may deem just and proper.

Respectfully submitted,

FEIGELES & HAIMO LLP

/s/ Samantha Tesser Haimo

Samantha Tesser Haimo, Esq.

sth@womenatlawfl.com

Florida Bar No. 148016

Julie Feigeles, Esq.

jf@womenatlawfl.com

Florida Bar No. 353604

7900 Peters Road, Suite B-200

Fort Lauderdale, FL 33324

(954) 376–5956 - Telephone

(954) 206-0188 - Facsimile

Counsel for Defendants

OB Real Estate 1732, LLC, Wellington 

3445, LP and Zokaites Properties, LP

FRANK R. ZOKAITES

/s/ Frank R. Zokaites, Pro Se

Frank R. Zokaites, Pro Se

375 Golfside Drive

Wexford, PA 15090

(724) 935-5257 – Telephone

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 4 of 8
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was served on September 23, 2019, 

by electronic mail and U.S. Mail on all counsel of record or pro se parties identified on the 

attached Service List in the manner specified.

By: /s/ Samantha Tesser Haimo

/s/ Frank R. Zokaites, Pro Se

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 5 of 8
SERVICE LIST

Notice will be served via U.S. Mail and/or E-mail upon:

John H. Genovese, Esq.

Florida Bar No. 280852

jgenovese@gjb-law.com

Jesus M. Suarez, Esq.

Fla. Bar No. 60086

jsuarez@gjb-law.com

GENOVESE JOBLOVE & BATTISTA, P.A.

100 S.E. 2nd Street, Suite 4400

Miami, FL 33131

Tel.: (305) 349-2300

Fax.: (305) 349-2310

Proposed Counsel to the Chapter 7 Trustee

Samantha Tesser Haimo, Esq.

sth@womenatlawfl.com

Florida Bar No. 148016

7900 Peters Road, Suite B-200

Fort Lauderdale, FL 33324

(954) 376–5956 - Telephone

(954) 206-0188 - Facsimile

Counsel for Defendants 

OB Real Estate 1732, LLC, Wellington 3445, LP and Zokaites Properties, LP

Jeffrey M. Siskind, individually

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Siskind Legal Services

c/o Jeffrey M. Siskind, Esq.

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Tanya Siskind, individually

c/o Jeffrey M. Siskind, Esq.

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 6 of 8
Second Siskind Family Trust

c/o Jeffrey M. Siskind, Esq.

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Frank Zokaites

375 Golfside Drive

Wexford, PA 15090

Via e-mail at frank@zokaites.com

CannaMed Pharmaceuticals, LLC

c/o Jeffrey M. Siskind, Managing Member

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

CannaMed Pharmaceuticals, LLC

27120 Ocean Gateway

Hebron, MD 21830

CannaMed Pharmaceuticals, LLC

c/o Angeline Nanni

111119 Willow Bottom Drive

Columbia, MD 21044

Sovereign Gaming and Entertainment, LLC

c/o Jeffrey M. Siskind, on behalf of William Siskind, deceased

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Florida’s Association of Community Banks and Credit Unions, Incorporated

c/o Jeffrey M. Siskind, President

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Sympatico Equine Rescue, Inc.

c/o Jeffrey M. Siskind, President

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Robert Gibson

1709 22nd Avenue North

Lake Worth, Florida 33460

Via e-mail at intelexigent@gmail.com

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 7 of 8
Robert Gibson

7369 Palmdale Drive

Boynton Beach, Florida 33436

Via e-mail at intelexigent@gmail.com

Case 19-01298-MAM Doc 40 Filed 09/23/19 Page 8 of 8