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

SECOND MOTION TO COMPEL DEPOSITION OF ROBERT GIBSON

Case 19-01298-MAM Doc 46 Filed 09/25/19 Page 1 of 6
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 Second Motion to 

Compel Deposition of Robert Gibson for October 10, 2019, and as grounds therefore state as 

follows:

1. On Monday, September 23, 2019, Zokaites and the Zokaites Affiliated Entities

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

Previously Scheduled and Properly Coordinated [DE 40] (the “Motion to Compel”).

2. The Court held a hearing on the Motion to Compel on Tuesday, September 24, 

2019.

3. At said hearing, the Court ordered as follows: (1) that the deposition of 

Defendant ROBERT GIBSON (“Gibson”) take place within thirty (30) days (i.e. by October 24, 

2019), (2) should be coordinated with all parties, and (3) that Gibson should be provided with 

fourteen-day notice of his deposition (i.e. via US mail since Gibson has not waived his right to 

notice via US mail).

4. Based upon the foregoing, on September 24, 2019, the undersigned corresponded 

with counsel for Plaintiff (Jesus M. Suarez, Esq. and Barry Gruher, Esq.), Jeffrey M. Siskind, 

Esq. (for himself and on behalf of numerous named Defendants), Zokaites, and Gibson and 

requested whether they were all available for a deposition of Gibson on October 10, 2019.

5. All parties except for Gibson confirmed their availability for October 10, 2019 for 

the deposition.

6. Instead of advising whether he was available for his deposition on October 10, 

2019, on September 25, 2019, Gibson sent an email stating as follows:

Case 19-01298-MAM Doc 46 Filed 09/25/19 Page 2 of 6
THIS RESPONSE IS A COURTESY AND DOES NOT WAIVE ANY 

RIGHTS INCLUDING BUT NOT LIMITED TO SERVICE OF NOTICE 

BY US MAIL

Pursuant to Judge Mora's order yesterday, I have 14 days in which to obtain 

counsel before setting a date.

Set your sights on a day during the week of October 21st depending on new 

counsel's schedule.

Be advised that depending on advice of counsel, I intend to take the depositions of 

Mr. Zokaites and Mr. Siskind either before or in immediate succession to my 

deposition.

A true and correct copy of said email is attached hereto as Exhibit “A” (emphasis in original).

7. Questionably, Gibson did not state that he was not available on October 10, 2019. 

Further, the email did not accurately reflect the Court’s ruling at the hearing since the Court did 

not condition scheduling a new deposition date based upon Gibson’s ability to secure counsel.

8. As the Court made very clear during the hearing on the Motion to Compel, the 

parties had to coordinate the deposition of Gibson; however, if Gibson was to retain counsel, he 

had to make sure he or she would be available for the deposition. A deposition scheduled for 

October 10, 2019, provides Gibson with fifteen (15) days to obtain counsel before the deposition 

on October 10, 2019.

9. As this Court is aware, it is extremely difficult to coordinate depositions when 

there are so many parties involved and the parties should not have to spend so much time and 

effort coordinating discovery. This type of conduct should not be tolerated by this Court.

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

deposition on October 10, 2019 (until it is completed) and this Court should award sanctions in 

the form of attorneys’ fees for having to prepare and attend a hearing on the instant Motion.

WHEREFORE, Defendants, FRANK ZOKAITES, OB REAL ESTATE 1732, LLC, 

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

Case 19-01298-MAM Doc 46 Filed 09/25/19 Page 3 of 6
Motion to Compel Deposition of Robert Gibson for October 10, 2019, 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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was served on September 25, 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 46 Filed 09/25/19 Page 4 of 6
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

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, Managing Member

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Tanya Siskind, individually

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Second Siskind Family Trust

c/o Tanya Siskind, Trustee

3465 Santa Barbara Drive

Wellington, FL 33414

Via e-mail at jeffsiskind@msn.com

Case 19-01298-MAM Doc 46 Filed 09/25/19 Page 5 of 6
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

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 U.S. Mail

Robert Gibson

7369 Palmdale Drive

Boynton Beach, Florida 33436

Via U.S. Mail

Case 19-01298-MAM Doc 46 Filed 09/25/19 Page 6 of 6