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Case 3:07-cv-00032-HWM-HTS Document 23 Filed 06/25/2007 Page 1 of 5

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

ALESCO FINANCIAL INC., a Maryland Case No.: 3:07-cv-00032-HWM-MMH
corporation formerly known as Sunset Financial
Resources, Inc.,

Petitioner,

vs.

ANTHONY R. PORTER, an individual,
DOROTHY M. PORTER, an individual,
FRANK AMELUNG, an individual, EUGENIA
AMELUNG, an individual, and RICHARD
AMELUNG, an individual,

Respondents.
/

MOTION OF RESPONDENTS FRANK AMELUNG,
EUGENIA AMELUNG, AND RICHARD AMELUNG FOR
ENLARGEMENT OF TIME TO RESPOND TO INTERROGATORIES

Respondents, Frank Amelung, Eugenia Amelung and Richard Amelung (the

"Amelungs"), pursuant to Rule 6(b), Federal Rules of Civil Procedure, and Rule 3.01, Rules

of the United States District Court for the Middle District of Florida, respectfully request entry

of an Order enlarging by an additional thirty days the time within which they are required to

respond to interrogatories served on them herein by Petitioner, Alesco Financial Inc.

("Alesco"), and in support thereof say:

1. On March 29, 2007, this Court entered its Judgment in a Civil Case in favor of

Alesco and against the Amelungs, among others.

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2. On May 25, 2007, Alesco served on each of the Amelungs, through counsel, its

interrogatories in aid of execution of the Judgment. True and correct copies of Alesco's

interrogatories to each of the Amelungs are attached hereto as Composite Exhibit "A".

3. The Amelungs' responses to the interrogatories are required to be served no

later than June 25, 2007.

4. On June 5, 2007, Frank Amelung and Richard Amelung, among others, were

sued in that certain action styled State of North Carolina, ex rel. Roy Cooper, Attorney

General v. Peerless Real Estate Services, Inc., et. al.; General Court of Justice, Superior Court

Division, Wake County, North Carolina (the "North Carolina Action"), which action was

bought by the Attorney General of the State of North Carolina for injunctive relief and

damages arising out of activities of business enterprises with which the Amelungs were

involved. A copy of the complaint in the North Carolina Action is attached hereto as Exhibit

"B".

5. On June 6, 2007, the Court in the North Carolina Action entered an Order

appointing Joseph W. Grier, III, as receiver ( the "Receiver") for the corporate defendants

joined in the North Carolina Action. A copy of the Order appointing the Receiver is attached

hereto as Exhibit "C".

6. Following his appointment, the Receiver took possession of substantial

portions of the corporate and business records of the corporate defendants named in the North

Carolina Action.

7. On June 5, 2007, representatives of the Federal Rule of Investigation ("FBI")

operating from its office in Charlotte, North Carolina, seized substantial additional corporate

and business records from business offices in Spruce Pine, North Carolina, through which the

Amelungs operated numerous business entities.

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8. Although the Amelungs, and each of them, have prepared responses to portions

of Alesco's interrogatories, the Amelungs are not able to access the substantial corporate and

business records seized by the Receiver or the FBI, and accordingly, the Amelungs are unable

to assure the thoroughness of their answers to those interrogatories for which they have partial

information, nor have they been able to compile responsive information to numerous other

interrogatories, the responsive information for which can be derived only from the corporate

and business records which have been seized.

9. The Amelungs request an enlargement of an additional thirty days within

which to respond to Alesco's interrogatories so that they may attempt to coordinate with the

Receiver and the FBI to recover or obtain access to the necessary corporate and business

records to permit their thorough and complete responses to Alesco's interrogatories.

10. This motion and request of enlargement is not interposed for the purposes of

delay, but rather seeks additional time to permit the Amelungs to assure that their discovery

responses are as complete as possible.

WHEREFORE, Respondents, Frank Amelung, Eugenia Amelung and Richard

Amelung, request the Court to enter its Order enlarging by thirty days, through and including

July 25, 2007, the time within which they are required to respond to Aleso's interrogatories

served on May 25, 2007.

MEMORANDUM OF LAW

Rule 6(b), Federal Rules of Civil Procedures, states in pertinent part that:

When, by these rules, or by a notice given thereunder or by
order of court an act is required or allowed to be done at or
within a specified time, the court for cause shown may at any
time in its discretion (1) with or without motion or notice order
the period enlarged if request therefore is made before the
expiration of the period originally prescribed . . . .

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The extension of time requested by this Motion is made for good cause, will not

adversely affect any party, and will promote the Court’s efficient administration of this matter.

The Court has wide discretion under Rule 6, Federal Rules of Civil Procedures, to grant

enlargements of time. Wood v. Allied Concord Fin. Corp., 373 F.2d 733, 734 (5th Cir. 1967);

Harris v. Siegel, 438 F.Supp. 510, 513 (S.D. Fla. 1977). This Motion is not being made for

the purpose of obstruction or delay, but is instead a good-faith request for an extension of time

in order to permit the Amelungs an opportunity to obtain access to their corporate and

business records such that their discovery responses may be as thorough and accurate as

possible.

CERTIFICATION AS TO CONSULTATION

The undersigned, pursuant to Rule 3.01(g), Rules of the United States District Court

for the Middle District of Florida, hereby certifies that he has conferred with counsel for

Alesco with respect to the foregoing motion for enlargement of time, but reports that Alesco is

unwilling to agree to the requested enlargement of time.

DATED: June 25, 2007

AKERMAN SENTERFITT

By: /s/ John B. Macdonald
John B. Macdonald
Florida Bar Number: 230340
50 N. Laura St., Suite 2500
Jacksonville, FL 32202
Email: john.macdonald@akerman.com
904-798-3700 Telephone
904-798-3730 Telefax
Attorneys for Frank Amelung, Eugenia
Amelung, and Richard Amelung

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
either by electronic notification or by United States Mail, postage prepaid and properly
addressed, this 25th day of June, 2007, to Eric Lee Hearn, Esq., Moseley, Prichard, Parrish,
Knight & Jones, 501 W. Bay Street, Suite 200, Jacksonville, FL 32202.

/s/ John B. Macdonald
Attorney

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