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IN THE CIRCUIT COURT OF BALDWIN, COUNTY ALABAMA
 
JERRY G. DUBOSE and,

MERLENE DUBOSE,
 Plaintiffs,

v.                                           CASE NO.: CV2017-901267.00 
 
GLENLAKES GOLF CLUB, INC., an
Alabama corporation, DON COOK, CAROLINE HELLER, LINDA WHITEN, and Fictitious Parties A, B, and or C  being that individual and/or legal entity who made defamatory statements, either in writing or in words, about Jerry G. DuBose to another individual and/or to  The Board of Directors of Glenlakes Golf Club, Inc., whose identity is otherwise unknown at this time but will be furnished by way of amendment when ascertained

     Defendants.      )       
    PLAINTIFF’S ANSWERS TO DEFENDANT’S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION 
    Comes now Plaintiffs, Jerry DuBose and Merlene DuBose, and in answer to Defendant’s First Set of Interrogatories
    and Request For Production.
    INTERROGATORIES
    1.    Have you been advised that you are giving these answers under oath?
    ANSWER:
    Yes
    2.    Please identify yourself, giving your full name, age, social security number, residence address, business address, and occupation, and if married, give the name of your spouse.
    ANSWER:

    Jerry G. DuBose, Age 73, SSN: XXX-XX-2755 
    9200 Clubhouse Drive
    Foley, AL  36535
    Retired
    Spouse:  Merlene S. DuBose
     
    Merlene S. DuBose, Age 72, SSN XXX-XX-7484
    9200 Clubhouse Drive
    Foley, AL 36535
    Retired
    Spouse: Jerry DuBose
     
     3.   Please state when the alleged occurrence happened, giving the year, month, day, hour and minute as accurately as possible.
    ANSWER:

    For which occurrence are you asking?
    a)    As concerns the occurrence of the wrongful suspension of Jerry G. DuBose from Glenlakes Golf Club, that occurred on or about June 26, 2017, when Jerry received a letter from Attorney, Drew Wenzel. Copy of letter is attached hereto as document pages 1 and 2.
     
    b)    As concerns the occurrence of the wrongful termination of Merlene DuBose as secretary of the Board of Glenlakes Golf Club, Inc., that occurred on or about July 6, 2017, when Merlene Dubose was notified by email. Copy of email is attached hereto as document page 3.    Note, Merlene DuBose did not get a notice of the Special Board Meeting.
     
     c)    As concerns the occurrence of defamatory statements made by Don Cook against Jerry DuBose, that originally occurred on or about June 21, 2017, and several times thereafter the exact dates and times being unknown. See attached email as document page 4.
     
    d)    As concerns the occurrence of defamatory statements made by Caroline Heller against Jerry DuBose, that occurred on or about June 17, 2017, and several times thereafter, the exact dates and times are unknown at this time.
     
    e)    As concerns the occurrence of defamatory statements made by Linda Whiten against Jerry DuBose, that occurred on or about July 20, 2017, and several times thereafter, the exact dates and times are unknown at this time.
     
    f)    As concerns the occurrence at the pool that occurred on or about June 17, 2017, around 1:30 p.m. at the Glenlakes Clubhouse pool area. 
     
    4.    State with particularity each and every statement made by Don Cook that you allege is false and defamatory, and for each alleged statement indicate:
    a.    Whether it was written or spoken;
    b.    How it was published; and
    c.    To whom the alleged statement was published.
    ANSWER:
    a.   
    Special Board Meeting of the GlenLakes Golf Club, Inc. held at the clubhouse on 6/20/17.  Don Cook stated that a complaint had been made against Jerry DuBose by a member, he read the complaint inferring that what he was reading from, was the actual complaint. Later it was learned that the complaint had been made via phone call. Don Cook failed in his responsibility when he did not investigate the allegations but just assumed their correctness as is the history of the Board, only one side of the story was relayed.
    Minutes of the meeting were taken by Merlene DuBose, spouse of Jerry DuBose. Board voted Merlene DuBose off the board shortly after this meeting stating “conflict of interest” and “her collusion with the attorney of Jerry DuBose”, therefore, have no knowledge if these minutes were actually approved. Merlene DuBose did not get a notice of a Special Meeting in which she was discussed.
     
    b.    Email to Merlene DuBose on July 6, 2017 notifying her of the board’s decision to vote her off the board. Merlene DuBose had contested the firing citing she had done nothing except try to negotiate the solution to the issue as she was charged with doing by the board
     
    c.     Merlene was present on July 13, 2017, Quarterly Meeting of the Shareholders, Don Cook stated that the incident at the pool was in the “yellow zone” relative to sexual harassment.
     
     d.    At the quarterly shareholder meeting on January 18, 2018, when asked about previous admonishment letters being rescinded, Don Cook stated there had been no letters rescinded to his knowledge. Minutes of Board Meetings dated December 15, 2016 and approval of said minutes on February 22, 2017.  Also interesting was when a shareholder asked what Jerry DuBose had done to warrant this action, Kenny Whiten, Board Member, cautioned Cook not to answer because that was a “legal” question. 
     
    5.    Identify the person or other source of your knowledge about false and defamatory statements allegedly stated by Don Cook.
    ANSWER:

    See Answer to Interrogatory Number 4.

    6.    State with particularity and every statement made by Caroline Heller that you allege is false and defamatory and for each alleged statement indicate:
    a.
        Jerry DuBose observed Melody (guest of Heller) putting suntan lotion on    and offered to apply to her back.  She said no.  End of that discussion.  
    b.    Heller accused Jerry DuBose of talking negatively about the club  management, especially the General Manager and offered one of the ladies $30,000 or $1000 for every person she could get to file a complaint against him.   This is a blatant misrepresentation of what actually happened.  Kenny Whiten had accused Jerry DuBose in a board meeting on September 24, 2016 of trying to raise funds for a shuffle board table for the clubhouse thru donations from local residents.  Whiten claimed that he knew of 30 to 35 people who Jerry DuBose had contacted to solicit funds.  Jerry DuBose offered Guest Melody $1,000 for each person she could find where he had asked for a donation to the shuffleboard table.  Since Kenny Whiten had stated up to 30 residents, Jerry DuBose would pay out up to $30,000.  Never was she offered money to get something on David Musial. This was a deliberate lie.  At the June 20, 2017 meeting when Merlene DuBose challenged Whiten to provide the names of the 30 to 35 people, Whiten 
    responded “you prove it.” 
     
    c.    Heller accused Jerry DuBose of encouraging the pool members to not go to the club contracted food and beverage facility, “Bunker Café”, but instead to go to a local BBQ restaurant “Butts on the Green” located on CR 20 near GLGC.  Did not happen Jerry DuBose stated that he had complained verbally and via email to members about the terrible food that had been served at the MGA championship tournament.  That hacked off Kenny Whiten who subsequently tried to get him barred from the MGA. Members of the MGA board did not agree stating DuBose was perfectly within his rights to voice his opinion and admitted that the food was terrible.  Whiten did not get what he wanted from the MGA so tried another venue – i.e., shareholder board (of which he was a member) where he made up additional charges in order to sway the very gullible shareholder board.   Merlene DuBose was present when the above statements from Heller were read by Don Cook at the Board Meeting based on notes he had made from a telephone conversation between he and Heller but to my knowledge there has been nothing submitted by Heller in writing.  Also, Heller was on the phone and not involved in the conversation between Melody and Jerry DuBose for about 5 minutes. This may account for her misleading/incorrect statements. 
     
    7.    Identify the person or other source of your knowledge about false and defamatory statements allegedly stated by Caroling Heller.
    ANSWER:

    See Answer to Interrogatory Number 6
     
    8.    State with particularity each and every statement made by Linda Whiten that you allege are false and defamatory and for each alleged statement indicate:
      
    a.Whether it was written or spoken;
    b.How it was published; and
    c.To whom the alleged statement was published.
    ANSWER:

    Joni Loock, a friend of both DuBose and Whiten – spoke to Jerry DuBose while he was returning Loock’s dog after grooming.  Jerry DuBose had taken the dog to the front door of the Loock’s residence, Loock told Jerry DuBose that she had heard that he was barred from the course.  Jerry DuBose asked did she know why?   Loock said it was due to sexual harassment.  Jerry DuBose then asked who told her and Loock said Linda Whiten.   Loock then came outside with Jerry DuBose where Merlene DuBose was keeping their 2 dogs. Jerry DuBose stated to Merlene DuBose that Loock had told him that she had been told that Jerry DuBose was barred from the course due to sexual harassment.  Merlene DuBose asked Loock what had her response been, she responded that she did not believe a word of it.  Merlene DuBose then asked her who had told her it was due to Sexual Harassment and she said Linda Whiten.  Linda Whiten is the wife of Kenny Whiten (Board Member).  Per Adrian Corral (employee of the club) Kenny Whiten had also told him that Jerry DuBose was barred from the course due to Sexual Harassment.
     
    9.    Identify the person or other source of your knowledge about false and defamatory statements allegedly stated by Linda Whiten.
    ANSWER:

    See Answer to Interrogatory number 8


    13.    If you are alleging that any of the allegations amount to an imputation of a criminal offense involving infamy or moral turpitude, state the actionable offense and Criminal Code section.
    ANSWER:

    None
    14.    State with particularity how you have been allegedly made to suffer public ridicule and damage to your reputation in the community.
    ANSWER:

    Being the subject of rumors. Being accused of sexual harassment, being accused of trying to pay someone to file a complaint against the General Manager. Not knowing who has been told what and who is believing this malicious rumor.  Wife going to clubhouse to play bridge and feeling paranoid and depressed thinking about what everyone is saying and knowing how many lies have been told and the rumor mill running hot and heavy in the development. After doing everything possible to promote this club and to be treated like this has almost led to a mental breakdown, loss of supposed friends, people we had considered friends are now just people we know because they do not want to get involved.  After having major surgery in January 2018, grandson came down to help out, he had worked at the club for a summer and knew many of the workers still here. Can you imagine the humiliation of your only grandchild learning of you being barred from the course and the accusers are saying you have sexually harassed someone at the pool? Friends and family from out of town, especially visiting after the surgery, learning of Jerry being barred from course and trying to put a smile on your face when all you want to do is shrink into a hole somewhere due to the embarrassment, and all founded on falsehoods. Our life in this community is totally irreparable at this point. There will always be people who will continue to push the rumor even though there is absolutely no truth to that lie.
    A handful of people who have personal animus toward another so sets out to totally destroy that person’s community life. At least have the decency to do something like that on the merits, not on misleading, incorrect information. Couple of examples as to how I have supported and promoted the club:
    1.    In 2014, W. Dabney asked me if I would keep up with the number of hours I volunteer in helping at the Golf Club since the new owners asked for shareholders to help.  I found out later that he would get a bonus on any hours that volunteers put in.   I started keeping a list of what I had done and the hours worked.  In 2014, I volunteered around 380 hours and in 2015 through May about 125 hours. In support of these volunteer efforts, I was in Cart barn and Maintance barn over and over again bringing food to the maintenance staff, using equipment, tools and supplies.   Jerry DuBose was never told not be go into Cart or Maintance Barn by any Board member, General Manager D. Musial or Superintendent W. Dabney.  
    2.    J. DuBose bought a utility trailer May 2013 for use by the residents of Glenlakes and maintenance personnel of the club.  In exchange, was allowed to store it at the maintenance shop as a convenience for both residents and maintenance personnel.  June 2017, Jerry DuBose brought the trailer to his house to repair it (maintenance personnel destroyed the lights, spare tire had disappeared, and generally trailer was in severe disrepair).  Jerry DuBose had the trailer sandblasted, painted it and reworked everything including lights, trailer runners, new spare tire, etc. at his own expense.  Afterward he took the trailer back to the maintenance shop (again for maintenance use and for resident use). After he was barred from the Golf Course. D. Musial was giving a golf lesson and reported back to Don Cook that Jerry DuBose was on the premises,   Cook came back to Jerry DuBose with you are not to be on property, shop will not be used as a storage unit for personal items, threats of being arrested, etc.   Maybe he just did not understand what the trailer had been used for but he did not bother to inquire, just accuse and threaten.  Trailer is now stored off site and residents contact Jerry DuBose directly when they need it.  
    3.   Lights at the entranceway, Jerry DuBose had installed an indirect lighting system for beautification in 2013 while the Golf Course was owned by Textron. He was able to get over $8,000 in donations from residents for the project.  After Golf Course was purchased in October 2013, the lights were allowed to burn out, bulbs buried under ant hills, water fountain in entranceway pond was not working for four months, etc.  Back in 2007 Jerry DuBose had built 278 Bluebird houses for the Golf Course.  In early 2017 Jerry DuBose asked D. Musial (GM) and W. Dabney (Superintendent) if he could build new houses to replace the old houses coming apart after 10 years. Both approved.  Jerry DuBose built 128 new replacement blue bird houses with donations, also built another 87 and sold to local residents and used the profits of over $1,400 from the sale of the blue bird houses to repair the lighting system, install updated LED lighting, bought new fountain pump and ran electrical lines to installed lights on 6 ft. X 8 ft. Golf Course sign J. DuBose had built in 2014 for the Golf Course.   All without so much as a “thank you”.  
    At the March 2017 Quarterly meeting at the end of the meeting Don Cook asked if there was any more business or questions.  Jerry DuBose stood up and started to give the report on the Blue Birds houses he had built and what he had done with the profits of $1,400.  Don Cook told Jerry DuBose to shut up and stated that the entranceway at Clubhouse Dr. and Co Rd 20 was not GlenLakes Golf Club, Inc. property and therefore, not their concern.  Jerry DuBose sat down, interesting that the president of the GlenLakes Golf Course, Inc. had no idea that the entranceway was the property of GlenLakes Golf Club, Inc.
     
    15.    State with particularity how your quality of life has been damaged due to the alleged false and defamatory statements.
    ANSWER:

    Moved to GlenLakes 14 years ago since then have been a very active and supportive member of the community and the golf club – served on the community HOA, was awarded the first ever Lifetime Achievement Award and lifetime membership to the Men’s Golf Association – worked closely with the prior owners of the golf club to improve the overall look of the community.  As President on the Lakeview Estates POA was in charge of all the entranceways into GlenLakes except Clubhouse DR and Co Rd 20.  Was able to get donations and funds approved from Lakeview Development to put flowers at the Golf Course entranceway which resulted in Glenlakes being awarded the Foley 2010 Beautification Award,   an award that is actually earned.  Jerry DuBose built a game park for residents and guests of the entire community as well as guests of the golf club.  Organized American flags to be hung around the development for holidays, etc. – constant giving back for being able to live in such a nice community – then came the buyout of the club by residents (of which I am one) suddenly everything changed.  I was informed by Linda Hewitt (Vice-Pres) that I would not do anything in the Game Park that did not have prior approval from the board – and that the park did not belong to Jerry DuBose but to the New Owners.  Jerry DuBose had raised $26,000 from the residents to build the game park, from 2 to 4 times per year we had picnics and invited the entire community and never charged anything for the food but did ask for donations for the upkeep of the park. (Jerry DuBose provided lunch – usually baked beans, slaw, sausages and pulled pork) every picnic was profitable and all proceeds went toward the upkeep of the park – then I was told by D. Vosloh (President) that “you will never have another picnic here” why?,  Because you did not buy your food from the clubhouse  Jerry DuBose had tried in an effort to support the club but F&B at clubhouse had quoted a price of $900 to provide 200 servings of baked beans and slaw - average cost should be about $150, why would I use the clubhouse?  
     
    We are NOT wealthy people but we believed in this club and bought a share of stock at $40,000. We have now been put in an impossible position – owners but not allowed to participate – how can anyone do this?  We have done nothing but work hard and volunteer far more than most but we are now outcasts due to a handful of malicious, vindictive people on the Board who have nothing better to do with their time than victimize their fellow shareholders. 
     
    16.    State with particularity how the alleged false and defamatory statements have damaged your marital relationship.
    ANSWER:
    A.
        After Board meeting of September 24, 2016, Merlene came home after the board meeting and checked the facts then she wrote an email to Tom Spangrud, President of the Board about the claims. 
    B.    After the special board meeting on June 20, 2017 Merlene came home and said the Board was wanting to bar Jerry DuBose from the course because he had Sexually Harassed someone at the pool area.  Merlene DuBose stated that several things were said and she was very upset about the allegations. Kenny Whiten stated that given the seriousness of the situation the board was forced to take action and if Heller sued the Board for not doing anything about the Sexual Harassment then the Board could be a part of the lawsuit because of not taking appropriate actions.  Interesting that no one even considered investigating and questioning validity of accusations.
    C.    Once I was barred from the Golf Course on June 26, 2017 it has been eleven (11) months of extreme stress around the house.  After being secretary for four years Merlene was kicked off the Board even though she recused herself of any issues involving Jerry.  The secretary position was a large part of her life and now my being barred from the Golf Course makes me the reason she was disgraced by being fired.  
    D.    The stress of having to file a lawsuit when you are 73 years old and pay to get a lawyer to get reinstated to the Glenlakes Golf club is taking its toll.   We retired to GlenLakes 14 years ago and built our home on the Golf Course.  Up until the purchase of the Golf Course of which we own a share, everything was going great.  Now with the malice toward Jerry we just want this over and move away!  When family comes to visit we do not play golf with them and have to make up stories why we don’t go and eat at the Clubhouse.
     E.    For years Merlene and I played in Tournaments at GlenLakes Golf Course.  This was some of the best part of our retirement being able to play with friends here at GlenLakes.  Now we have to watch as our “acquaintances” play tournaments without Jerry and Merlene. 
    F.    A large part of our retirement was getting together after rounds of golf with friends.  Now that I was wrongfully barred from the Golf Course we are not allowed to participate in social activities involving golf, parties, tournaments, etc.
    G.    In February 2017 Jerry DuBose and Merlene DuBose were voted King and Queen of the Glenlakes Mardi Gras Ball.  In February 2018 this year residents asked if we were going to the Mardi Gras ball and we had to let them know that Jerry DuBose was barred from going to any function.

    H.    Sunday afternoons at 1:00 pm in Winter or 2:00 pm in Summer on most occasions we would join another nine to thirty couples for Sunday Couples Scrambles Tournaments.  Now we watch out our back windows as other couples play.  
     
    17.    State with particularity how you have suffered economic harm due to the alleged false and defamatory statements.
    ANSWER:

    Now if we want to play golf, we have to load up our golf clubs and go to another golf course to play. Our playing partners for the last 14 years are still playing here but we have to go somewhere else and pay full price, the inconvenience of not being able to use our own golf cart, not socializing with our playing partners, not attending social functions at the club –
     
    Last year Jerry DuBose played in the Foot Golf Regional Qualifier.   He won his senior flight and qualified to attend the tournament in Orlando, Florida.  Jerry DuBose was looking forward to the Foot golf Regional Qualifier in February 2018 but was not able to play because it was held at GlenLakes Golf Course.  It would have cost a lot of money to travel to another course out west or up north to play in a qualifier tournament when it is held right behind his home
     
    18.    State whether you have been accused of alleged misconduct with respect to Glenlakes Golf Club, Inc., including but not limited to threating or criticizing employees of the Club; opening the suggestion/comment box in the club; and/or going into employee only areas such as the club kitchen and maintenance barn.
    ANSWER:

    Marketing Meeting, June 23, 2014
    Marketing Meeting was held on June 23, 2014.  Attendance was Gail Fike (Chairperson), Linda Spangrud (Vice-Chair), Susan Hirsch, William Dabney, Missy Presnell (Bookkeeper) and Jerry DuBose.
    After over an hour of the Market Meeting the question was asked if there was anything else to cover.  Jerry DuBose brought up that the Cart Person was not able to make a living because we charge $3.25 per beer.  J. DuBose wanted to lower price and get more sales.  Missy Presnell stated they have to change the $3.25.  Jerry DuBose said Walmart had cans of beer for 75 cents.  Jerry DuBose also stated that wine could be sold for $3 because they could be purchased for $1.25 at Walmart.  The Committee decided to keep the prices as was being charged.  
    After the meeting someone at the Market Meeting called David Vosloh (Pres.) that Jerry DuBose had disrupted the Market Meeting and nothing was able to get done.  Vosloh met with L. Hewitt (Vice-Pres) and Sam Strite (Treasurer) at the home of Linda Hewitt and Ed Hewitt (Husband).  They decided to have E. Hewitt talk with Jerry DuBose about the way he destroyed the Market Meeting.  The next morning at the Game Park, Ed. Hewitt talked to Jerry DuBose about his actions at the meeting.  Jerry DuBose said he would watch what he said not knowing what he did wrong.  Jerry DuBose did not know about what was said at the meeting referenced above.
    Merlene DuBose was out of town and when she got home she received an email about Jerry DuBose from President David Vosloh.   Once she confronted Jerry DuBose, Merlene DuBose called Susan Hirsch, William Dabney, Gail Fike and Linda Spangrud about what happened.  In each case everyone at the meeting did not know what Jerry DuBose had done to destroy the Market Meeting and even commented on how quiet he had been during the entire meeting up until the pricing for drinks was mentioned.  At that time he expressed his opinion, committee decided against changing pricing and meeting adjourned. 
    At that time Merlene DuBose wrote an email back to David Vosloh about what she had found out and stated that his email had caused her two sleepless nights.   Also, she expected an apology from David Vosloh and copies sent to the Board for sending such a vicious email.  
    Jerry DuBose nor Merlene DuBose ever received such an apology. 

     
    Comment Box:   In December 2014, Merlene wanted to know if Jerry DuBose could build a “Comment Box” for the Golf Club Lobby. Jerry DuBose designed, paid for, built the Comment Box, designed the forms and printed them for the Comment Box.  Merlene DuBose was the Board secretary and in charge of getting out the comments from the box.  On several occasions, Merlene asked Jerry DuBose to get the key and clean out the box since he was at the club more often than she was.  Jerry DuBose would go to the Clubhouse and open the box then bring the comments back to Merlene DuBose.  Jerry DuBose did not read the comments just picked them up as a convenience for his wife.  Once General Manager, David Musial was hired they put D. Musial in charge of the box.


    In Kitchen Area:  In July 2015 Jerry DuBose raised over $600 for a Commercial popcorn machine for the kitchen.  Jerry DuBose ordered the machine, put it together and placed it in the back of the kitchen.  Around that time, at the request of the Food and Beverage supervisor, Nina also ran an electrical line for new plugs, helped open up an entrance door to the bar area and built, paid for and installed a wine glass rack at the bar.   Jerry DuBose was never told not to be in the kitchen until around August 8, 2015 (of course this was after completing the before mentioned volunteer projects).  Jerry DuBose was helping Terri Cotton behind the bar making popcorn and was heading out the side door of the kitchen to put popcorn on tables when Tom Spangrud (President) told him he was not to be in the kitchen or behind the bar.  This was the first time Jerry DuBose was ever told not to be in the area since the new owners bought the golf club October 2013. After being told to stay out of the Kitchen he did not go behind the bar area again. See Letter dated August 12, 2015, and attached hereto as document pages 5 and 6.


    August 12, 2015, Meeting with President/Vice President:   Jerry DuBose was called to a meeting with T. Spangrud (Pres.) and L. Hewitt (Vice Pres) at the home of T. Spangrud and was given a letter ( click: August 12, 2015  Meeting/Letter) that in the future no shareholder or member could do anything on the list.  J. DuBose had to sign that he understood the rules they had spelled out even though there were no “Official Rules and Regulations” for the GlenLakes Golf Club members or owners in place.   In the letter there was not a single complaint action listed – just “thou shalt not”.  After the write-up and meeting Jerry DuBose never went back into kitchen, cart barn or maintenance barn without first getting approval from the supervisor as stated in the new “Official Rules and Regulations” adopted on September 12, 2015.  See pages 7 through 11. At this meeting, T. Spangrud and L. Hewitt verbally reprimanded J. DuBose for calling himself the “Director of FootGolf”.  They said GlenLakes Golf Club has no “Directors” and by calling himself the “Director of FootGolf” he could put them a position where he could make them liable for his actions.  Jerry DuBose did not tell them at that time that David Musial had made him his “Director of FootGolf” several days before June 15, 2015.   Jerry DuBose had sent Musial an email on June 15, 2015 for his approval where he could promote the Foot golf Course.  He signed it “Newly appointed Director of Foot Golf”.   Musial wrote back “all great- your title is Director of FootGolf (drop the newly appointed).   Jerry DuBose explained that Linda Spangrud gave him the title of Ambassador of FootGolf and he just wanted to let everyone know that he did not make the title of “Director of FootGolf” on his own.  D. Musial wrote back:  I gave you the Director of FootGolf title & stick with it.  You earned it Saturday.”   Once the FootGolf Course was opened, J. DuBose handled all FootGolf Tournaments, Snowbird FootGolf Outings and National Regional FootGolf Qualifier.   Jerry DuBose was also able to get the Alabama State Soccer Boys Association outings for two years (up to 60 soccer players) for GlenLakes Golf Club and handled it for the General Manager D. Musial.  See attached email document, page 12 and 13.
    At the meeting T. Spangrud and L. Hewitt also at length reprimanded Jerry DuBose delivering cold towels to golfers on the Golf Course.   Since the Golf Course had no washer or dryer Jerry DuBose volunteered to pick up, wash and dry the cold towels that were being handed out to players at the Golf Course.  Each morning first thing around 7:00 am Jerry DuBose would pick up the used towels and carry them to his home to wash and dry then return to the Cart Barn.  On July 1, 2015, Musial actually called Jerry DuBose his “Mango Chairman” because of the mango juice he added to the ice water.   Jerry DuBose expressed concerns to D. Musial over the number of cold towels being handed out by the Marshalls.   Jerry DuBose handed out towels for one hour and five minutes on 14 golf holes of the 18 holes.   Jerry DuBose told D. Musial that in that one hour and five minutes Jerry DuBose handed out 52 towels and his Marshalls were handing out about eight towels in a six hour shift.   On July 28, 2015, Musial told Jerry DuBose to keep handing them out and he would try and get his Marshals to pass them out. See attached email document page 14 through 16.


    On September 12, 2015 the Board wrote and adopted “Rule and Regulations” for GlenLakes Golf Club. 
    One year later on September 17, 2016 after playing in the Club Championship the food served by the Bunker Café which was leased out by the Golf Club was of very poor quality.  J. DuBose sent an email to the Men’s Golf Association and Ladies Golf Association about the quality of the food.  The men’s organization because they had paid for such bad food and the ladies association because their championship was scheduled for the next weekend.   At that time Kenny Whiten (President of MGA) tried to get Jerry DuBose kicked out of the MGA.   As a side note Jerry DuBose was the First Lifetime Member award given by the MGA and has not had to pay yearly dues since September 15, 2007.  This was done because  Jerry DuBose had volunteered many hours over the years with the MGA by keeping up plaque pictures, clubhouse MGA information, separate Hole in One Club and providing a free website for the Men and Ladies Associations for the GlenLakes Golf Course.  


    On September 24, 2016, a special board meeting was called.   Kenny Whiten wanted Jerry DuBose barred from the Golf Course for one month.   At the meeting the Board said that Jerry DuBose had a right to complain about the food that was served by the third party that had leased the kitchen.  The Board decided that the email was not enough to have him barred from the Golf Course.  
    At that time K. Whiten told several lies about Jerry DuBose:
    1.    D. Musial threatened to quit five time mostly due to Jerry DuBose but K. Whiten talked him out of quitting.  This was the first time the board had heard anything about this.  Musial has the best job with the best compensation he has ever had so why would one person be an issue?  When questioned why the board was unaware of this, Whiten did not respond.
    2.    Jerry DuBose had twisted D. Musial and Chris Guesnard (leasee) arms to put an indoor shuffle board in Clubhouse Hall.   This did not happen.  Both Musial and Guesnard considered this a win/win for the club and for F&B.  Guesnard even agreed to pay $200 for the removal of a wall to make room for the shuffleboard table.  
    3.    Jerry DuBose had asked for donations for table from over 30 to 35 residents in Glenlakes.  This did not happen either.  Jerry DuBose had planned on buying the table and have players contribute via honor system to the cost as they played – thereby, reimbursing DuBose for the initial investment.  
    4.    J. DuBose talked to a family into not buying Kenny Whiten’s home.  (a week earlier J. DuBose told a couple about the House for Sale by owner and informed Kenny Whiten that they would be coming by to look at it)
    5.   T. Spangrud (President) then stated that Jerry DuBose was in maintenance Barn every day which he was told not to go into on August 2015 first letter.   Only example given was on one occasion where Jerry DuBose had a chain saw and E-Z Go Cart to get fire wood for the Game Park.  Merlene DuBose upon checking with W. Dabney (Course Superintendent) had given Jerry DuBose permission to use the saw and cart.  He had even sharpened the saw before lending it to Jerry DuBose.
    L. Hewitt (Vice-Pres.) came up with an accusation about Jerry DuBose actions with four golfers in the restaurant area and told about how he would not let them enjoy their beer. To my knowledge there was no complaint from the four golfers nor had Linda Hewitt talked with the group of men. 
    After the additional accusations listed above the Board voted to bar Jerry DuBose from the Golf Course for one month.  Once M. DuBose (Board member secretary) confronted Jerry DuBose at home about the accusations she sent an email to T. Spangrud about what she found from her to Spangrud debunking the accusations.
    Subsequently, T. Spangrud determined to change the suspension to a Second Offense according to the Rules and Regulations adopted on September 12, 2015.  When Jerry DuBose got the vaguely written letter dated October 8, 2016, he emailed T. Spangrud (President) that he did not understand what he was being accused of.  T. Spangrud sent back to “get someone to explain it to you”. 
    After the letter from Tom Spangurd dated October 8, 2016,  J. DuBose hired Attorney M. Semmes who sent a letter back to T. Spangurd (President) to either let J. DuBose come in front of Board to confront the lies or rescind both letters from August 12, 2015  and October 8, 2016. At the December 15, 2016 meeting the Board decided to rescind the letters – obviously not prepared to face J. DuBose - and T. Spangrud was to send the letter rescinding the previous letters to Jerry DuBose. See attached letter from Semmes Law Firm, document pages 17 and 18 and Minutes of Board Meeting, December 15, 2016, document pages 19 through 21.
    Letter June 26, 2017
    At the pool area on June 17, 2017 Jerry DuBose was telling Melody (guest) and Caroline
    Heller (member) about the Board meeting of September 24, 2016 Board meeting where Kenny Whiten had lied trying to get Jerry DuBose barred from the Glenlakes Golf Course.  J. DuBose kept calling Kenny Whiten “Lying Kenny”!  The guest Melody started to put on suntan location and he asked if she needed any help putting lotion on her back?  She said “No”.  At that time he continued to tell her about how Kenny Whiten lied to the Board to get him barred from the Golf Course.  Caroline Heller got up and left the area where Melody and J. DuBose were talking in order for Heller to use her cell phone.  She was gone for approximately 5 minutes talking to someone.  During this time DuBose was telling Melody about Kenny Whiten saying that J. DuBose had seen 30 to 35 residents at GlenLakes trying to get donations for an inside shuffleboard table. DuBose told Melody that for every person that she could find to substantiate Kenny Whiten’s claim he would give her $1,000 up to $30,000 since he had never solicited for donations.  From the time of the pool incident to the time of the special meeting the story had changed around to say that Jerry DuBose would pay up to $30,000 if she could find something out about David Musial to get him fired.  This was a total lie.  Jerry DuBose did tell them that Kenny Whiten tried to “*uck me” by using the “F” word.   Also Heller had said Jerry DuBose suggested everyone go to the Butts on the Green instead of The Bunker Café.  That also did not happen.  Once Jerry DuBose heard the accusations he sent Don Cook an email to make sure he got the accusations in writing because he was opening himself up for liable if he only heard it from a phone call.  Cook wrote back to Jerry DuBose to have his lawyer contact their lawyer D. Wenzel.  
    Jerry DuBose got a certified letter from Attorney Drew Wenzel dated June 26th, 2017 that he was barred from the Glenlakes Golf Club indefinitely due to this being his third offence.  Since on December 15, 2016 at the Board meeting the board did away with the first and second letter how could this be his third offense?  All the current board members were present at the December meeting including new President of 2017 Don Cook.  The Board knew that the other two complaints were rescinded. Jerry DuBose has no idea if Attorney Wenzel knows that both letters were rescinded on December 15, 2017, Don Cook had Attorney Wetzel send the letter that it was my THIRD OFFENSE.  Kenny Whiten started a rumor that Jerry DuBose was barred from the Course due to Sexual Harassment whose wife (Linda) also spread the rumor.   Over a period of several months Jerry DuBose has had several residents tell him that the reason he was barred was due to Sexual Harassment.  It was just common knowledge around GlenLakes Development of over 600 families that J. DuBose was barred from the Golf Course due to Sexual Harassment.  
    After the pool incident, word got out that Jerry DuBose was barred from the course due to Sexual Harassment.  One e-mail that was sent to the President of Lakeview Estates POA stated that “his main man Mr. Jerry DuBose has issues with little girls”. 
    In October 2017, Jerry DuBose’s Attorney, contacted Golf Course Attorney D. Wetzel about them reinstating J. DuBose to the Golf Course property.  D. Wetzel stated the Board would have to approve the reinstatement.  At the October 12, 2017 Board meeting B. Lohr (board member) had emailed Don Cook about reinstating J. DuBose and K. Whiten questioned why Lohr would be talking to Jerry DuBose.  The Board then voted to keep Jerry DuBose off the Course Property because he was not sufficiently repentant.  After the Board meeting of October 12, 2017 three weeks later on November 6, 2017, Jerry DuBose filed the lawsuit against the Board of GlenLakes Golf Club to get reinstated.    
    Game Park Example of Malice towards Jerry DuBose:
    In February 2012 the prior owners of the golf course Textron Industries allowed Jerry DuBose to use approximately 120 feet by 120 feet behind the swimming pool located on Lakeview Drive to put in a GlenLakes Game Park for residents of GlenLakes Development (approx.. 600 homes) as long as it did not cost the Golf Course any money.   In September 2012, after the park was mostly completed, Mike McGuire, Textron Industries, was very impressed with the Game Park as an amenity for the entire community and GlenLakes Golf Club.  Mike McGuire made pictures to take back to headquarters in Texas and instructed the GM to waive Jerry DuBose green fee dues of $175 per month.  Jerry DuBose dues for next 14 months was waived for a total of $2,450.  Each month Jerry DuBose donated the $175 back to the Game Park.    In October 2013 Textron sold the Course to new Owners of 44 Shareholders.  Jerry DuBose purchased one share of the 44 shares of stock sold to buy the Golf Course.  At that time Linda Hewitt (new Vice-President) told Jerry DuBose that it was not
    Jerry DuBose’s Game Park but belonged to GlenLakes Golf Club and anything done in the further would have to have approval from the Board.  From that point on everything done was approved from the Board.   Over the next few years many Community picnics were held to raise money for the Game Park upkeep.  Most of these events had over 200 residents meeting for cookouts and fellowship.  Between profits of picnics and donations from over 200 residents, over $26,000  was spent (installation shuffleboard, two corn toss games, ring hook, horseshoe pit and nine hole putt course) and upkeep.  All expenses and donations are posted on the website that Jerry DuBose provides for the residents of GlenLakes at no charge.  Everyone could see the expenses and donations at any time by going to www.glenlakesfoleyal.com .  The Game Park was maintained by Jerry DuBose with his volunteers and kept up.   
     Since Jerry DuBose was barred from the Course July 2017 at the Quarterly Shareholders meeting in October 2017 the Board asked during a survey about the future of the Golf Course a question about what to do with the Game Park.  Two options were given to either close the Game Park or turn it over to the five POA Home Owner Developments in GlenLakes to maintain. Shareholders December Newsletter stated results of survey and the Board had 17 votes out of 44 shareholders votes to do away with the Game Park.  On December 4, 2017 President Don Cook sent a certified letter stating that the Owners were closing the Game Park for “future tournament parking, community ‘get-to-gathers’ and other Board approved activities”.  He stated that Jerry DuBose had until December 15, 2017 to remove any items from the Game Park otherwise they would be removed by the maintenance crew as abandoned items.  
    On December 15, 2017 Jerry DuBose sent an email to the Presidents of the five POAs that make up GlenLakes Development.  All five Presidents replied that they were not contacted about taking over the Game Park.  
     
     19.    With respect to interrogatory 18 above, if answered in the affirmative, state whether you were verbally warned and/or sent written notification advising you to refrain from alleged misconduct.
    ANSWER:
    Any and all admonishment letters by the Board to Jerry DuBose were rescinded by the Board. See Attached documents pages 19 through 21.
     
    REQUEST FOR PRODUCTION
    1.    Provide copies of your state and federal tax returns for the years 2015, 2016 and 2017.
    Plaintiffs’ object to this request as it is irrelevant. 
    2.    Provide copies of any and all written statements made by any of the Defendants that you allege to be false and defamatory.
    See Attached Documents.
     
    3.    Provide copies of any and all correspondence between you and any of the Defendants regarding your suspension from the Glenlakes Golf Club, Inc. See Attached documents pages 22 and 23.
     
    4.    Provide copies of any and all correspondence between you and third parties who were witnesses to the events made subject this litigation. None.
     
    5.    Provide copies of any and all documents including but not limited to written statements, recordings, digital data, photographs, or other documents that you plan to introduce in the trial of this matter.
    Plaintiffs shall introduce all documents attached hereto and all Notices of Special Board Meetings and Minutes of Special Board Meetings in the possession and control of Defendant, Glenlakes, along with the Minutes of the Shareholders Meetings and any and all recordings made at said meetings.
    Answered this _____ day of May, 2018.              
            ___________________________
           JERRY DUBOSE
     
           ___________________________
           MERLENE DUBOSE
     
    STATE OF ALABAMA  )
    COUNTY OF BALDWIN  )
     
    Before me, a notary public, in and for said county in said State personally appeared JERRY DUBOSE, who having been first duly sworn deposes and says that the foregoing Answers to Interrogatories and Request For Production propounded, by the Defendant are true and correct.
     
                 
           JERRY DUBOSE
     
    Sworn to and subscribed before me on this the   day of May, 2018.
     
               
           Notary Public        My Commission Expires:  
     
    STATE OF ALABAMA  )
    COUNTY OF BALDWIN  )
     
    Before me, a notary public, in and for said county in said State personally appeared MERLENE DUBOSE, who having been first duly sworn deposes and says that the foregoing Answers to Interrogatories and Request For Production propounded, by the Defendant are true and correct.
                 
           MERLENE DUBOSE
     
    Sworn to and subscribed before me on this the   day of May, 2018.
     
               
     
           Braxton Blake Lowe (LOW011)
           Attorney for Plaintiffs
           P.O. Box 3435
           Gulf Shores, AL 36547
           Telephone: (251) 968-5541        Fax:            (251) 968-5542
           Email: bblowe@gulftel.com    CERTIFICATE OF SERVICE
     I hereby certify that I have served a copy of the foregoing Plaintiff’s Answers to Defendant’s First Set of Interrogatories and Request For Production upon the following, by placing a copy of the same in the United States Mail, postage prepaid and properly addressed and/or electronically notified when filed with the Clerk of the Court using the AlaFile E-File system on this the _____ day of May, 2018.
     
     
    John A. Wenzel
    Caldwell Wenzel & Asthana, PC
    218 North Alston Street
    Foley, AL 36535
      
     
           s/Braxton Blake Lowe
           Of Counsel
     

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