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IN THE CIRCUIT COURT OF THE 17TH

JUDICIAL CIRCUIT OF FLORIDA, IN AND


FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 .,..l~


Plaintiff,
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CFN # 109252584 ~n
v. n
OR BK 46993 Pages 281 - 281
RECORDED 04105/10 16:04:22
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BROWARD COUNTY COMMISSION <Joe: ::0
THE LAW OFFICES OF DAVID DEPUTY CLERK 3370 C?-r{~ C
#9,1 Pages One Ol --t
J. STERN, P.A., c:ii;'

Defendant.
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JOINT STIPULATION OF DISMISSAL

Plaintiff, SHAPIRO & FISHMAN, LLP, and Defendant, THE LAW OFFICES OF

DAVID 1. STERN, PA, jointly stipulate to the dismissal of this case with prejudice in

accordance with Fla.R.Civ.P 1.420(a)(1 )(B), with each party to bear their own attorney's fees and

costs.

TEW CARDENAS LLP RICHMAN GREER P.A.


Attorneys for Defendant Attorneys for Plaintiff
1441 Brickell Avenue One Clearlake Centre - Suite 1504
15th Floor 250 Australian Avenue South
Miami, FL 33131-3407 West Palm Beach, FL 33401
Tel: (305) 536-1112 Tel: (561) 803-3500
Fax: (3 ) 5 -11!t! Fax: (561)~8,.20-1608
By: < ftv.vJ
By: _
-G-E-~L:L..D-F-.-R-IC-H-M-A-N----

Florida Bar No. 066457


LEORA B. FREIRE
Florida Bar No. 013488
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL
CIRCUIT OF FLORIDA, IN AND FOR BROWARD
COUNTY

IRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v.

THE LAW OFFICES OF DAVID


1. STERN, P.A.,

Defendant.
______________________________ ~I

ORDER ON JOINT AGREED MOTION FOR


ENLARGEMENT OF TIME TO RESPOND TO DISCOVERY
- !"J

THIS CAUSE having come before this Court on a Joint Agreed Motion for EnlargemJiil -<
w
w ..... '1
,-I
of Time to Respond to Discovery, served on January 21, 2010, and the Court having been

advised of the agreement between the parties, does hereupon

ORDER AND ADJUDGE that the Joint Agreed Motion for Enlargement of Time is

GRANTED. Plaintiff shall serve its response to the pending discovery requests on or before

February 10,2010.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this

--+-1_ day of laR1:l8:fy, 2010.
~ -----c;~~':.#_'.+_-=>.~T----,-.-

Circu'

Copies to:
Gerald F. Richman, Esquire, Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach,
Florida 33401
Jeffrey A. Tew, Esquire, Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131-3407
IlIJ ~~HMAN GREER
Gerald F. Richman .
Alan G. Greer J.;
Kenneth J. Weil
John M. Brumbaugh . REPLY TO:
Bruce A. Christensen . West Palm Beach Office
Charles H. Johnson :
Gary S. 8etensky c
Diane Wagner Katzen '
Manuel A. Garcia-Unares -
Mark A. Romance January 26, 2010
John G. White, 1\1
Lyle E. Shapiro
Michael J. Napoleone
Ronald P. PonzoU, Jr.
Via US Mail
John R. Whittles Honorable Cheryl J. Aleman
Melissa Fernandez
Eric M. Sodhi Clerk of Circuit Court
Leora B. Freire
Adam M. Myron
Broward County Courthouse
EthanJ. Wall 201 S.E. Sixth Street, Room 999
Joshua L Spoont
Ft. Lauderdale, Florida 33301
Steven Naclerio, Of Counsel

Ray H. Pearson '.1 \'2:..!r,If)·1

Subject: Shapiro & Fishman, LLP v. The Law Offices of


David J. Stern, P.A.
Case No.: 09031905
Certified In CIvil Trlallaw
By The Rorlda ear Our File No.: 5421-18581
_ Certified In Marital & Family law
By The Rorlda ear

Certified in Wills, TruslS & Estates


By The Ror/da Bar
Dear Judge Aleman:
Also, Certified Public Accountant
in Rorida

. Certified In Business UUgation Enclosed please find a proposed Agreed Order on Plaintiffs Joint Agreed
By The Rorida Bar

, Florida Supreme Court


Motion for Enlargement of Time to Respond to Discovery, and a courtesy copy
Certified Civil Coun Mediator of the Joint Agreed Motion For Enlargement of Time to Respond to Discovery
which includes the signatures of counsel for all parties involved in this action.

Therefore, if the Order meets with your approval, I would ask that you execute
the Order and return copies to counsel in the enclosed stamped envelopes.

Respectfully submitted,

~1~-
LEORA B. FREIRE

LBF/yt
Enclosures

cc: Jeffrey Tew, Esquire (w/enclosures)

MIAMI OFFICE: Miami Center, Suite 1000 WEST PALM BEACH OFRCE: One Clearlake Centre, Suite 1504
~ 250 Australian Avenue, South· West Palm Beach, Florida 33401
201 South Biscayne Boolevard • Miami, Aorida 33131
iii MERITAS 305.373.4000 • Broward 954.523.4297 • Fax 305.373.4099 561.803.3500 • Fax 561.820.1608
lAW FIRMS WORLDWIDE E-Mail: info@richmangreer.com www.richmangreer.com
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUlT OF FLORIDA, IN AND
FOR BROWARD COUNlY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v.
THE LAW OFFICES OF DAVID
J. STERN, P.A.,

Defendant.
__________________________ ~I
~; "

;'~,

.."
g :~~
JOINT AGREED MOTION FOR ENLARGEMENT OF I~;; n
TIME TO RESPOND TO DISCOVERY ~-' ~
-c ::.:~: <:
Plaintiff, SHAPIRO & FISHMAN, LLP (''the Shapiro Firm") and Defendant, THE 0..W ;=;.; ~~
~ :~

OFFICES OF DAVID J. STERN, P .A. ("Stem"), by and through th~ir undersigned co~el, :
---
hereby jointly move the Court for entry of an order enlarging the time for the Shapiro Firm to

respond to discovery, and in support, they state as follows:

1. Stem served the Shapiro Firm by mail with a Request 'for Production which

responses are currently due on January 20,2010.

2. Stem served the Shapiro Firm by mail with its ReVised First Set of

Interrogatories, which responses are currently due on January 22, 2010.

3. The Shapiro Finn requires a brief enlargement of time to serve responses to the

pending discovery requests ulltil February 10, 2010, which Stem has agreed to provide.

WHEREFORE, Plaintiff, SHAPIRO & FISHMAN, P.A., and Defendant, 1HE LAW

OFFICES OF DAVID 1. STERN, P.A., by and through their undersigned counsel, respectfully

request that the court grant the relief sought herein.

RICHMAN GREER, PA

MiamI. West Palm BllICh


Shapiro & Fishman, LLP v. Law Offices ofDavid J. Stem, P.A.
Case No.: 09031905
Joint Agreed Motion for Enlargement
of Time to Respond to Discovery
Respectfully YOW'S,

RICHMAN GREER P.A. TEW CARDENAS LLP


Attorneys for Plaintiff Attorneys for Defendant
One Clearlake Centre - Suite 1504 1441 Brickell Avenue
250 Australian Avenue South 15th Floor
West Palm Beach, FL 33401 Miami, FL 33131-3407
Tel: (561) 80 -0' Tel: (305) 536-1112
Fax: (56 -1608
Fax16;J,,16
By: -Y-I---1-1H-T-"_o~r_~_O_'_\b_g_1_l\_ By:- J~
A,",..,.~~ •.&>(,D • RICHMAN· JEFFREY A. TRW
ri a B No. 066457" Flonda BarNo. 121291
L . FREIRE
Florida Bar No. 013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Joint ~greed Motion for

Enlargement of Time to Respond to Discovery has been served via facsimile and U.S. Mail upon:

Jeffrey A. Tew, Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th "~loor, Miami, FL 33131-
$~
3407, this "2 \~ day of January, 2010.

RICHMAN GREER. PA.


MIami. Wast Palm Beach

2
1

lU
/L

SHAPIRO & FISHMAN, LLP,

Plaintiff,

v.

THE LAW OFFICES OF DAVID


-
('1
L..

J. STERN, P.A.,

Defendant.
__________________________1

JOINT AGREED MOTION FOR ENLARGEMENT OF


TIME TO RESPOND TO DISCOVERY

Plaintiff, SHAPIRO & FISHMAN, LLP ("the Shapiro Finn") and Defendant, THE LAW

OFFICES OF DAVID J. STERN, P.A. ("Stem"), by and through their undersigned counsel,

hereby jointly Inove the Court for entry of an order enlarging the time for the Shapiro Finn to

respond to discovery, and in support, they state as follows:


1. Stem served the Shapiro Firm by mail with a Request "for Production which

responses are currently due on January 20,2010.

2. Stem served the Shapiro Firm by mail with its ReVised First Set of

Interrogatories, which responses are currently due on January 22, 2010.

3. The Shapiro Finn requires a brief enlargement of time to serve responses to the

pending discovery requests until February 10,2010, which Stem has agreed to provide.

WHEREFORE, Plaintiff, SHAPIRO & FISHMAN, P.A., and Defendant, THE LAW

OFFICES OF DAVID J. STERN, P.A., by and through their undersigned counsel, respectfully

request that the court grant the relief sought herein.

RICHMAN GREER, P.A.

Miami. West Palm Buach


Shapiro & Fishman LLP v. Law Offices 0/David J. Stem, P.A.
Case No.: 09031905
Joint Agreed Motion for Enlargement
of Time to Respond to Discovery
Respectfully yours,

RICHMAN GREER P.A. TEW CARDENAS LLP


Attorneys for Plaintiff Attorneys for Defendant
One Clearlake Centre - Suite 1504 1441 Brickell Avenue
250 Australian Avenue South 15th Floor
West Palm Beach, FL 33401 Miami, FL 33131-3407
Tel: (561) 80 7"3500 Tel: (305) 536-1112
Fax: (56 -1608 Fax: (305) 536-1116

By:~~~~~~
~o nbS"}\{
____________ _ BY:)1#, 1~_____
VFlorida
JEFFREY A. TEW
Bar No. 121291

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Joint Agreed Motion Jor

Enlargement of Time to Respond to Discovery has been served via facsimile and U.S. Mail upon:

Jeffrey A. Tew, Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131-
s"" -•.--.. ---.......--- ....-.------... .
3407, this 2 \~ day of January, 2010.

RICHMAN GREER. P.A.


MiamI. West Palm Buach

2
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN,


P.A.,

Defendant.
----------------------------------------------------------------~/

RE-NOTICE OF TAKING DEPOSITION DUCES TECUM

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Scott Barnes, Lender Processing Services, Inc., 601 Riverside Ave.
Jacksonville, FL 32204

Date: Tuesday, February 2,2010 at 9:00 a.m.

Place: Hedquist & Associates, 345 East Forsyth Street, Jacksonville, FL 32202

Duces Tecum: See Attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535076.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi . e: (3°7536-1116

By: ~~~~~~_________________
A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

fax this 6th day of January, 2010 to the above named addressee.

B.4&( F
I~
A. TEW, ESQ.

cc: Hedquist & Associates -1-800-436-4462 phone (via fax: 904-791-9103)

535076.1 TEW CAR¥NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to an y Speciali zed Loan Servicing LLC residential

foreclosure matters, cases and/or files transfened or directed to be transfelTed from The Law

Offices of David J. Stem, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fislunan LLP;

(b) bills and invo ices for legal services received from Shapiro & Fishman LLP and

records of payment by your fiml of such bills or invoices;

(c) cOlTespondence or emai ls to or from any employee, attomey or partner of Shap iro

& Fislumin LLP and any emp loyees with Specialized Loan Servicing LLC regarding said

trans felTed files; and

(d) conespondence or emai ls from or to any employee, attomey with The Law

Offices of David J. Stem, P.A. regarding the transfelTed files.

(e) litigation case files.

Any and all documents to or from Fidelity Default So lutions regarding the Specialized

Loan Servicing LLC files transfelTed from The Law Offices of David J. Stern, P.A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Speciali zed Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P.A.

to Shapiro & Fislu11an LLP.

Any and all documents to or from Scott Barnes regarding the Speciali zed Loan Servicing

LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fislu11an LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC files Iransfened from The Law Offices of David J. Stem, P.A. to Shapiro &

F ishman LLP.

T EW CARDENAS LLP
535320. 1 Four Seasons Tower, 15th Floor, 144 1 Brickell Avenue, Miami, Florida 33131-3407 • 305-5 36- 111 2
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.

THE LAW OFFICES OF DAVID 1. STERN,


P.A.,

Defendant.
___________________________________1

RE-NOTICE OF TAKING DEPOSITION DUCES TECUM

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Ave.
Jacksonville, FL 32204

Date: Tuesday, February 2,2010 at 1:00 p.m.

Place: Hedquist & Associates, 345 East Forsyth Street, Jacksonville, FL 32202

Duces Tecum: See Attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535284.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi 1 e: (30~36-1116

By:v+----.f-IIT-V--+--PJl'I-V---------
Y A. TEW, ESQ.
lorida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foreg<?ing has been served by

fax this 6 th day of January, 2010 to the above named addressee.

By
~~~
E Y A. TEW, ESQ.

cc: Hedquist & Associates - 1-800-436-4462 phone (via fax: 904-791-9103)

535284.1 TEW C~NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stern, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counse16fShapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stern, P .A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Fidelity Default Solutions regarding the Specialized

Loan Servicing LLC files transferred from The Law Offices of David J. Stern, P.A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stern, P .A.

to Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC files transferred from The Law Offices of David 1. Stern, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

TEW CARDENAS LLP


535320.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131-3407· 305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND

l()~
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v.

THE LAW OFFICES OF DAVIn


J. STERN, P.A.,

Defendant.
--------------------------------/
PIIAINTIFF'S MOTION FOR ENLARGEMENT OF
TIME TO RESPOND TO DISCOVERY

Plaintiff, SHAPIRO & FISHMAN, LLP ("the Shapiro Firm"), by and through its

undersigned counsel, hereby Inoves the Court for entry of an order enlarging the time for the

Shapiro Finn to respond to discovery, and in support, PlaintiiI states as follows:

1. On November 20, 2009, Defendant served the Shapiro Firm by mail with a

Req uest for Production.

2. On November 23, 2009, Defendant served the Shapiro Firm by mail with its

Revised First Set of Interrogatories.

3. As a result of the extensive documentation requested, Plaintiff needs additional

time to prepare the voluminous documents requested.

4. Plaintiff also needs additional time to respond to the interrogatories served. For

example, the interrogatories request detailed quantification of Plaintiff's damages. The damages

are currently being calculated and require additional tilne to complete.

5. The undersigned's office is also closed behvcen December 24, 2009 and January

4, 2010 in order to observe the holidays.


RICHMAN GREER, P A.

Miami. West Palm Beaeh


6. As a result of the holidays, the office closure, and the need for additional time to

respond, the Shapiro Firm seeks a thirty (30) day enlargement of time to respond to Defendant's

discovery requests.

7. Despite numerous attempts, the undersigned has not been able to reach counsel

for Defendant to discuss this matter.

WHEREFORE, Plaintiff, SHAPIRO & FISHMAN, P.A., by and through its wldersigned

counsel, respectfully requests that the Court grant the relief sought herein.

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Te e: (561) 803.. 0
F : (561 .. 160&.~.,:'
.~ ~/'~
'7 ~ ~
By: _~.:;.....,,;;_,r_ _. ---4~------"~-''''''-'-''''-''''--'''
G .. LD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICA TE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for
Enlargement of Time to Respond to Discovery has been served via facsimile and U.S. Mail upon:
Jeffrey A. Te~Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131 ..
,./,:~ ./~/(~'
~
3407, this ,.:l.. \ day of December, 2009.
B "
y.
" -.. __

LEORA B.J1REIRE'
#4 /
.,:7 ./ /.i.
~'
,Il , .. __ .__ ,

-~"4 .. __

RICHMAN GREER. P.A.


Miami- West Palm Beach

2
(() . In The Circuit Court of Broward County, Florida
U/SbaPiro and Fisbman, LLP. Court Case No.: 09-031905
Plaintiff(s), ORIGINAL RETURN
vs. JSOControl#:2009-42290


The Law Offices of David J. Stern, P A.

Defendant(s).
------------------------------~/
i~
GJ C:J
;;0 r. c=::>
01 ....0
Pursuant to the request ofTew Cardenas, LLP, received this process on 12/09/2009 at 8:OJ~ to~
served upon: ~ ~' 'n
c->-.,-., N
C:l~' W
Lender Processing Services, Inc. ~,; ;~
~2;'
State of Florida
County of Duval ss.
:<=c·, :x
~ ~~ . N.-
o .....·c
-0
-r-
I
?Jet· (Jl ~
I, Margaret Scheadel # 106, depose and say that: I am authorized to serve this process in th~~· W
circuit/county it was served in.

On 12/10/2009 at 11:00 AM, I served the within Subpoena on Lender Processing Services, Inc. at C/O
Scott Barnes 601 Riverside Ave., Jax, Fl32204 in the manner indicated below:

CORPORATE SERVICE: By delivering a true copy of this process with the date and hour endorsed
thereon by me to Scott Barnes, Authorized Employee of the above named corporation and informing
himlher of the contents.

Under penalty of petjury I declare that I have read the foregoing Original Return
in it are true.

Atty:Tew Cardenas, LLP


1441 Brickell Ave.
Miami FI33131

111111111111111111111111111111
IN THE CIRCUIT COURT OF THE 17TH
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
v.
CASE NO.: 09-031905 (09)
THE LAW OFFICES OF DAVID 1. STERN,
P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION DUCES TECUM

THE STATE OF FLORIDA


TO: Scott Barnes, Lender Processing Services, Inc., 601 Riverside Avenue, Jacksonville,
FL 32204

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at Hedquist & Associates, Court Reporters 345 East Forsyth Street, Jacksonville, FL

32202 (1-800-436-4462) on Wednesday, January 20 204~at 9:00 a.m., for the taking of your

deposition in this action. You are to appear at the deposition with the documents referenced in

the attached Schedule. If you fail to comply with this subpoena, you may be in contempt of

court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.

DATED on November 20,2009.

Jeffrey Tew, Esq.


As Offi er 0 th/?purt

By:-j-f-17-1't--1'-1:---f------------------
J frey Tew, Esq.
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
Four Seasons Tower, 15 th Floor
1441 Brickell Avenue
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stern, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stern, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Fidelity Default Solutions regarding the Specialized

Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stern, P.A.

to Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC files transferred from The Law Offices of David J. Stern, P.A. to Shapiro & Fishman LLP

Any and all documents to or fronl Chuck Martisek regarding the Specialized Loan

Servicing LLC files transferred from The Law Offices of David J. Stem, P .A. to Shapiro &

Fishman LLP.

TEW CARDENAS LLP


535320.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue. Miami, Florida 33131-3407 • 305-536-1112
In The Circuit Court of Broward County, Florida
Court Case No.: 09-031905

Plaintiff(s), ORIGINAL RETURN


JSOControl#:2009-42289


The Law Offices of David J. Stern, PA.

Defendant(s).
--------------------------------/
Pursuant to the request ofTew Cardenas, LLP, received this process on 12/09/2009 at 7:53 AM to be
served upon:

Lender Processing Services, Inc. co


S~:~
::J:"'" ...
State of Florida );t'::::r:
;o::X ("
County of Duval ss. ceJ!
Ci--,- N
I, Margaret Scheadel # 106, depose and say that: I am authorized to serve this process in the f~ ~ ~:.
%,.-
(.,.)
circuit/county it was served in. ·. . 2·:.. -0
:<~'r.' ::s:
" c·
On 12/10/2009 at 11:00 AM, I served the within Subpoena on Lender Processing Services, In(;.,@.~/O N
Chuck Martisek 601 Riverside Ave. , Jax, FI32204 in the manner indicated below: ~ 0' '." ~
c,..)
CORPORATE SERVICE: By delivering a true copy of this process with the date and hour endorsed
thereon by me to Ross Gloudemen, Authorized Employee of the above named corporation and
informing himlher of the contents.

Atty:Tew Cardenas, LLP


1441 Brickell Ave.
Miami FI33131

111111111111111111111111111111
*1'186*
IN THE CIRCUIT COURT OF THE 17TH
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
v.
CASE NO.: 09-031905 (09)
THE LA W OFFICES OF DAVID J. STERN,
P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION DUCES TECUM

THE STATE OF FLORIDA


TO: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Avenue,
Jacksonville, FL 32204

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at Hedquist & Associates, Court Reporters 345 East Forsyth Street, Jacksonville, FL

32202 (1-800-436-4462) on Wednesday, January 20 20;'at 1:00 p.m., for the taking of your

deposition in this action. You are to appear at the deposition with the documents referenced in

the attached Schedule. If you fail to comply with this subpoena, you may be in contempt of

court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.

DATED on November 20, 2009.

Jeffrey Tew, Esq.


As Of e of the Court
rr--
effrey Tew, Esq.
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
Four Seasons Tower, 15 th Floor
1441 Brickell Avenue
Miami, FL 331.31
Telephone: 305.536.1112
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and ali documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David 1. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fislunan LLP and any empl<;>yees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Fidelity Default Solutions regarding the Specialized

Loan Servicing LLC files transferred frem The Law Offices of David J. Stem, P .A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A.

to Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC files transferred from The Law Offices of David J. Stem, P .A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

TEW CARDENAS LLP


535320.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
I
~ d/)

IJ'/
'\
i
'/
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL
CIRCUIT OF FLORIDA, IN AND FOR BROWARD
COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -- 09


Plaintiff,
v.

THE LAW OFFICES OF DAVID


1. STERN, P.A.,

Defendant.
----------------------------~/ ~
~('1 ~ C")
NOTICE OF Ul\TAVAILABILITY 0'
~~ .. saOF 35
n
~~~ c:.; c::
The undersigned attorney wishes to notify this Honorable Court, as well as all co~-<?f rej9rd, :::.
gS'!~; ("')
,:,.,;".j' -

that the law offices of Richman Greer, P.A. will be closed from December 24, 2009 throu~jinu~ 1, ~
:"-4c' (-
~C->:~ CO '
2010, re-opening on Monday, January 4, 2010. It is respectfully requested that no tri~~lieariugs, j:).
~- t')
depositions or discovery matters of any kind be scheduled in this cause during that period.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Unavailability has been

served via U.S. Mail upon: Jeffrey A. Tew, Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor,

Miami, FL 33131-3407, this zr day of December, 2009.

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: .,f;~--------~
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

RICHMAN GREER, P.A


Miami- West Palm Beach
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN,


P.A.,

Defendant. CD
r·..j
c=-
_____________________________________________1 :;on ~ c'')
9~· ~ ;0
~~! ",.-
~,. .' c::> ("')
00' .t:::: C
n-" N --l
NOTICE OF TAKING DEPOSITION ATTACHING REVISED DUCES ~ECUM*
. Ci
:=,r· ~'. --
:-<sr;. ~ <
TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., ~~me~ fon-:-
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL ~f-Ol ;;, J~
~-.. e,...)

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Records Custodian/Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, Colorado 80219 .

Date: Tuesday, February 2,2010 at 9:00 a.m.

Place: Colorado Court Reporter Association CCRA, 646 Howe Cir., Castle Rock, CO
303-933-0577

Duces Tecum: See attached Revised Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Colorado. Said deposition is to be taken pursuant to the Rules of Civil

Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535104.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
TEW CARDENAS LLP
Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimi (305) 536-1116
~
By:
~~~~~~~~-----­
Y A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 23 rd day of November, 2009 to the above named addressee.

By: (}'~
1
~
A. TEW, ESQ.

cc: Colorado Court Reporters Association, 646 Howe Cir. Castle Rock, CO 303-933-0577

535104.1 TEW CARgplAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Revised Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stern, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stern, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to

Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David 1. Stern, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David 1. Stem, P.A. to Shapiro & Fishman

LLP

Any and all documents regarding any mortgage foreclosure cases (other than those

involved in this case) referred to Shapiro & Fishman during the period April 1, 2009 to date.

TEW CARDENAS LLP


535304.1 Four Seasons Tower, 15th Floor. 1441 Brickell Avenue. Miami. Florida 33131·3407· 305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

CASE NO. 09-031905 (09)

SHAPIRO & FISHMAN, LLP,

Plaintiff,

vs. -
·CJ
::0
.-,
THE LAW OFFICES OF DAVID J. STERN, -
;::::,
. -\
:-")
P.A., =--
L..
-::::
\

Defendant.
------------------------------~/

NOTICE OF TAKING DEPOSITION ATTACHED REVISED DUCES TECUM*

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Riclunan Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Records Custodian/American Home Mortgage Servicing, Inc., 6 Hutton Center


Drive, Suite 700, Santa Ana, CA 92707

Date: Thursday, February 4,2010 at 9:00 a.m.

Place: M & M Court Reporting, 501 N. Golden Circle Dr., #106 Santa Ana, CA 92705

Duces Tecum: See attached Revised Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of California. Said deposition is to be taken pursuant to the Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535105.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
(,
By: ~~Y-~--------------------

E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 23 rd day of November, 2009 to the above named addressee.

BY~~ FFRE A. TEW, ESQ.

cc: M & M Court Reporting, 501 N. Golden Circle Drive, #106, Santa Ana, CA 92705-3913
Phone: 877-472-2300

535105.1 TEW CAR2ENAS LLP


Four Seasons Tower. 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Revised Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stern, P .A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stern, P.A. regarding the "transferred files.

(e) litigation case files.

Any and all documents regarding any mortgage foreclosure cases (other than those

involved in this case) referred to Shapiro & Fishman LLP during the period April 1, 2009 to

date.

TEW CARDENAS LLP


535305.1 Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, Rorida 33131-3407· 305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

APIRO & FISHMAN, LLP, CASE NO. 09-031905 (09) o


::c
(~

Plaintiff, c::
--i
(")
v. ~
THE LAW OFFICES OF DAVID J.
STERN,P.A. ..
-J
U'\
W
Defendant.
/

DEFENDANT'S NOTICE OF FILING REVISED


FIRST SET OF INTERROGATORIES TO
PLAINTIFF, SHAPIRO & FISHMAN, LLP

Pursuant to Fla.R.Civ.P. 1.340, Defendant hereby propounds the attached interrogatories

to Plaintiff, Shapiro & Fishman, LLP and requests that Shapiro & Fishman LLP responds under

oath within the time prescribed by the Florida Rules of Civil Procedure.

Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi . e: «(.?)
536-1116

By:_~~~~~_________________

JEFFREY A. TEW, ESQ.


Florida Bar No. 121291
E-mail: jt@tewlaw.com

TEW CARDENAS LL.P


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

u.s. Mail this 23 rd day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

By:_ _ _ _ _ _ _ _ _ _ _ _ __
JEFFREY A. TEW, ESQ.

535238.1

TEw CAR~NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROW ARD COUNTY, FLORIDA

SHAPlRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff, .:-J
~--
-:'"
-;:.0
C"".>
:~ (:::
vs.
~
c...,)
-
--\
.::J
-;
THE LAW OFFICES OF DAVID J. STERN, ~­
.-
;.... ,-
P.A.,

Defendant.
------------------------------~/

NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Pahn Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Gerald Shapiro, Esq., Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Ste 360, Boca Raton, FL

Date: Friday, January 15, 2010 at 10:00 a.m.

Place: Universal Court Reporting, 888 E. Las Olas Blvd., Suite 508, Fort Lauderdale, FL

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535055.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimi e: (305) 536-1116
r.
BY:~~-H~~ __~__________________
Y A. TEW, ESQ.
lorida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
a~
U.S. Mail this li"Ciay of November, 2009 to the above named addressee.

cc: Universal Court Reporting, via email: jamold@universallegal.us

535055.1 TEw C~ENAS LLP


Four Seasons Tower, 15th floor, 1441 Brickell Avenue, Miami, florida 33131-3407· 305-536-1112
I

(\)~
[N TH E CIRCUIT COURT FOR THE 17Til

\\. ~
JUDICIAL CIRCUIT, 1N AJ\1JJ FOR
BRO W ARD COUN TY, FLORIDA
'./

SHA PIRO & FISHMAN, LLP , CASE NO. 09-031905 (09)

Plainti ft', r> ~.--Z


2,;: ~.6 '."'J
::-:12' :~')
vs. :;:.. . . . ..
;r; ..'
t:'-)
,:.::
n
ce "
C>
r'
N .-<
THE LAW OFFICES OF DAVID J. STERN, W
-,
.. ..-
P.A.,
~
~
--..
rn
2 -=
U)
Defendant. ~.:.~ f~-: :~

____________________________1 W
w

NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Riclunan Greer, P. A., Attorneys for
Plainti ff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE N OTICE that the undersigned counsel will take the depositi on of:

Name: Barry S. Fishman, Esq. , Shapiro & Fislunan, LLP, 2424 N. Federal H wy.,
Ste 360, Boca Raton, FL

Date: Wednesday, January 13, 2010 at 2: 00 p.m.

Place: Universal Co urt R eporting, 888 E. Las Olas Blvd., Suite 508, Fort Lauderdale, FL
33301

Said depos ition will be taken before a notary pub lic or offi cer authori zed by law to take

deposition s in the State o f Florida. Said deposition is to be taken pursuant to the F lorida Rules of

Civil Procedure. Said oral examinati on may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until comp leted. Thi s depositi on is being taken fo r

the purpose of discovery, fo r use at trial, or fo r such other purposes as are pemlitted llnder the

ml es of the COlu1.

535054 .1 TEW C ARDENAS L L P


Four Seasons Tower, 15eh Floor. 1441 Bricke ll Avenue, Mi ami. FloridJ 3313 1·3407 · 305-5 36- [112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi ile: (30~6-1116

By:, r-Htfo£-.It-l--/--:----------

E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 19th day of November, 2009 to the above named addressee.

4
BY.JiA, r~FREY A. TEW, ESQ.

cc: Universal Court Reporting via email: jarnold@universallegal.us.

535054.1 TEW CARQENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.
.---'

-
!-''';'I
~~...J 0
,-0
THE LAW OFFICES OF DAVID 1. STERN,
---~::5... - ;0
(")
P.A.,
N
~
'-.--
.-{
UJ c-)
Defendant.
~
---::::
.,
------------------------------~/ ...;.- ....

I
\..0 1

~
(.0.)
w
NOTICE OF TAKING DEPOSITION OF PLAINITFF'S RULE 1.310(b)(6)
WITNESS AND REQUEST FOR PRODUCTION OF DOCUMENTS

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil

Procedure, the undersigned counsel will take the deposition of the Depon~nt, a representative of

Plaintiff SHAPIRO & FISHMAN, LLP, with the most knowledge of the matters set forth in

Plaintiffs Complaint and any damages claimed by Plaintiff, is to appear on Wednesday, January

13, 2010 at 10:00 a.m. at Universal Court Reporting, 888 E. Las Olas Blvd., Suite 508, Fort

Lauderdale, FL. Said deposition will be taken before a notary public or officer authorized by law

to take depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida

Rules of Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or

audio recording and will continue from day to day until completed. This deposition is being

taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted

under the rules of the Court.

535042.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Aoor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi ·le: (305~6-1116

By: ;vvV'
Y A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
.).1)
U.S. Mail this ).dh day of November, 2009 to the above named addressee.

cc: Taylor Jonovic, via fax 305-371-3460

535042.1 TEW CARQENAS LLP


Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, Rorida 33131-3407· 305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.
~ ...... J

'!5n t.~
c::;:J
_.:

...;;,
0
THE LAW OFFICES OF DAVID J. STERN, 0"
~~~ ::-:;
P.A.,
Y' ....
-"........ -;:;"
;';S C)
(,? ':-.:.
... .. -----
l>
, rV ,~

Defendant. ? .,
c..,.)
c")
•.... (
,.,.,\."

~ .. ,J

------------------------------~/ -'_.
~
~ ~ .'.-
-r.
c- l ' \.D
SO .t::~
~. .: .. c....v
w
NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Eileen Cooper, an employee of Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Ste 360, Boca Raton, FL

Date: Tuesday, January 12, 2010 at 10:00 a.m.

Place: Universal Court Reporting, 888 E. Las Olas Blvd., Suite 508, Fort Lauderdale, FL

Said deposition will be taken, before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for suth other purposes as are permitted under the

rules of the Court.

535045.1 TEW CARDENAS LLP


Four Seasons Tower. 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

r'V
FREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this ~Q, day of November, 2009 to the above named addressee.

By'
~ C~
.~ A. TEW, ESQ.

cc: Universal Court Reporting, via email: jamold@universallegal.us

535045.1 TEW CAR0!NAS LLP


Four Seasons Tower. 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,
:.;..:~
vs. ',::".l
:;, .:- c;.::'> c')
--.~~.:.
or:
,.'
....0

;3
.. ~
:::7.1
C)
THE LAW OFFICES OF DAYID 1. STERN, c'(·
c> N -1
P.A., \.".
r
U)
-;
... " ~

::J' . e:':
:<~:!. Z
Defendant. -., -'
f-~
---"-R I --I

------------------------------~/
r-t(_-::'
~
~:~' : u:>
W

NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Jim McGraw, an employee of Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Ste 360, Boca Raton, FL

Date: Tuesday, January 12, at 1:00 p.m.

Place: Universal Court Reporting, 888 E. Las alas Blvd., Suite 508, Fort Lauderdale, FL

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535047.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15 th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

By: ~
~~~-+---------------------

E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this ~th day of November, 2009 to the above named addressee.

By:
~~
~
he(
A. TEW, ESQ.

cc: Universal Court Reporting via email: jarnold@universallegal.us

535047.1 TEW CARQENAS LLP


Four Seasons Tower. 15th Floor, 1441 Brickell Avenue. Miami, Florida 33131-3407 • 305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN, ...... --


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P.A., -'~
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------------------------------~/

NOTICE OF TAKING DEPOSITION DUCES TECUM

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Ave.
Jacksonville, FL 32204

Date: Wednesday, January 20,2010 at 1:00 p.m.

Place: Hedquist & Associates, 345 East Forsyth Street, Jac~sonville, FL 32202

Duces Tecum: See Attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535284.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Aoor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

By: ~~~~~__ ~J. ~


. _________________
JEFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
~O
U.S. Mail this ~th day of November, 2009 to the above named addressee.

By: ~rr
J REY A. TEW, ESQ.

cc: Hedquist & Associates - 1-800-436-4462 phone

535284.1 TEW CAR¥NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Fidelity Default Solutions regarding the Specialized

Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A.

to Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

~LC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

TEW CARDENAS LLP


Four Seasons Tower. 15th Floor, 1441 Brickell Avenue. Miami. Florida 33131-3407 • 305-536-1112
535320.1
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL ClRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,
~
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NOTICE OF TAKING DEPOSITION DUCES TECUM*

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Records Custodian/Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, Colorado 80219

Date: Tuesday, February 2,2010 at 9:00 a.m.

Place: Colorado Court Reporter Association CCRA, 646 Howe Cir., Castle Rock, CO
303-933-0577

Duces Tecum: See attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Colorado. Said deposition is to be taken pursuant to the Rules of Civil

Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535104.1 TEW CARDENAS LLP


Four Seasons Tower. 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
TEW CARDENAS LLP
Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimil' (305) 536-1116
r
By: ~~~~~________________
FFREY A. TEW, ESQ.
lorida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 20th day of November, 2009 to the above named addressee.

BY:~
REY
f:- A. TEW, ESQ.

cc: Colorado Court Reporters Association, 646 Howe Cir. Castle Rock, CO 303-933-0577

535104.1 TEWC~ASLLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stem, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) corresponden~e or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to

Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David 1. Stem, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman

LLP

535304.1
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

CASE NO. 09-031905 (09)

(J
SHAPIRO & FISHMAN, LLP, c ..
~:~~. . ..
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Plaintiff, ,t\~::
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vs. ~-
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-;::. (';.' .
THE LAW OFFICES OF DAVID J. STERN, Co\,;,.
-::"' ~ ..
P.A.,

Defendant.
_____________________________________________________________1

NOTICE OF TAKING DEPOSITION DUCES TECUM*

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Records Custodian!American Home Mortgage Servicing, Inc., 6 Hutton Center


Drive, Suite 700, Santa Ana, CA 92707

Date: Thursday, February 4,2010 at 9:00 a.m.

Place: M & M Court Reporting, 501 N. Golden Circle Dr., #106 Santa Ana, CA 92705

Duces Tecum: See attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of California. Said deposition is to be taken pursuant to the Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535105.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

BY:~~
JEFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 20 th day of November, 2009 to the above named addressee.

~
By:~~
r
J FREY A. TEW, ESQ.

cc: M & M Court Reporting, 501 N. Golden Circle Drive, #106, Santa Ana, CA 92705-3913
Phone: 877-472-2300

TEWC~ASLLP
535105.1
Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, Rorida 33131-3407 • 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspond~nce or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the "transferred files.

(e) litigation case files.

TEW CARDENAS LLP


Four Seasons Tower, 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
535305.1
IN THE CIRCUIT COURT FOR THE 17TH

'Q1> I
SHAPIRO & FISHMAN, LLP ,
JUDICIAL CIRCUIT, IN Ai'!D FOR
BROW ARD COUNTY, FLORIDA

CASE NO. 09-03 1905 (09)


.:,
Plaintiff,

vs.

THE LAW OFFICES OF DAVID 1. STERi'!,


P.A.,

Defendant
____________________________1

NOTICE OF TAKING DEPOSITION DUCES TECUM

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE N OTICE that the undersigned counsel will take the deposition of:

Name: Scott Barnes, Lender Processing Services, Inc., 60 I Riverside Ave.


Jacksonville, FL 32204

Date: Wednesday, January 20,20 10 at 9 :00 a.m.

Place: Hedquist & Associates, 345 East Forsyth Street, Jackso nville, FL 32202

Duces Tecum: See Attached Schedule

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of F lorida. Said deposit ion is to be taken pursuant to the Florida Rul es of

Civil ProcedLLre . Said oral examination may be taken by stenographic, videotape and/or audio

recording and wi ll continue from day to day until comp leted. This deposition is being taken for

the purpose of discovery, for use at trial , or for such other purposes as are pennitted under the

rules of the Court.

535076. 1 TEW CARDENAS LLP


Four Seasons Tower, 15lh Floor, 1441 Brickell Avenue , Miami, Florida 33131-3407 • 305-536- 1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
FaC~Simile:(3~ 536-1116

By: J~
JEFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
;;0
U.S. Mail this~th day of November, 2009 to the above named addressee.

By:
~rJ--
JEFFREY A. TEW, ESQ.

cc: Hedquist & Associates - 1-800-436-4462 phone

535076.1 TEw C~NAS LLP


Four Seasons Tower. 15th Floor. 1441 Brickell Avenue. Miami, Florida 33131-3407· 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases andlor files transferred or directed to be transferred from The Law

Offices of David 1. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from· Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or ·emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Fidelity Default Solutions regarding the Specialized

Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A.

to Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC files transferred from The Law Offices of David i. Stem, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &

Fishman LLP.

TEw CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
535320.1
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN, '- '


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TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: David S. Kreisman, Esq., Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Ste 360, Boca Raton, FL

Date: Friday, January 15,2010 at 2:00 p.m.

Place: Universal Court Reporting, 888 E. Las Olas Blvd., Suite 508, Fort Lauderdale, FL

Said deposition will be taken before· a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape andlor audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535057.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Hoor. 1441 Brickell Avenue. Miami. Florida 33131-3407· 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi ·le: (305) 536-1116
C
By: 'r-~~~~------------------
REY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
~
u.S. Mail thi~~ day of November, 2009 to the above named addressee.

cc: Universal Court Reporting, via email: jarnold@universallegal.us.

535057.1 TEW CAR~ENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
\~
'/

\ IN THE CIRCUIT COURT FOR THE 17TH


JUDICIAL CIRCUIT, IN AND FOR
\s ".
' .. BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

vs. :-.:..
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NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Person with the most Knowledge/American Home Mortgage Servicing, Inc.,
6 Hutton Center Drive, Suite 700, Santa Ana, CA 92707

Date: Thursday, February 4,2010 at 11 :00 a.m.

Place: M & M Court Reporting, 501 N. Golden Circle Dr. #106, Santa Ana, CA 92705

American Home Mortgage Servicing, Inc. shall designate the person with the most lmowledge

regarding the matters contained in the documents produced by the Records Custodian on the

attached Schedule.

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of California. Said deposition is to be taken pursuant to the Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535106.1 TEw CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Rorida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
(7
By: ~~~~r-----------------
Y A. TEW, ESQ.
lorida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
th
U.S. Mail this 20 day of November, 2009 to the above named addressee.

By:
J ~~k"-' A. TEW, ESQ.

cc: M & M Court Reporting, 501 North Golden Circle Drive., #106, Santa Ana, CA 92705
Phone: 877-472-2300

535106.1 TEw CAR¥NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stem, P.A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the "transferred files.

(e) litigation case files.

TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
535305.1
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPlRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff, e,"""l
;::::
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.... ';=D
vs. .~

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THE LAW OFFICES OF DAVID J. STERN, u:> .--J


:;~
P.A.,
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Defendant.
----------------------------------~/

NOTICE OF TAKING DEPOSITION

TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Ashley Stone, an employee of Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Ste. 360, Boca Raton, FL

Date: Monday, January 11, 2010 at 10:00 a.m.

Place: Universal Court Reporting, 888 E. Las Olas Blvd., Suite 508, Fort Lauderdale, FL

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Florida. Said deposition is to be taken pursuant to the Florida Rules of

Civil Procedure. Said oral examination may be taken by stenographic, videotape andlor audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535043.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
C
REY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
~D
U.S. Mail this}9th day of November, 2009 to the above named addressee.

By: ~rI!:tr ;: J~
A. TEW, ESQ.

cc: Universal Court Reporting, via email: jamold@universallegal.us

535043.1 TEW CAR~ENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
\j

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)


<~)

Plaintiff, ~~:,~, :':5

vs.
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THE LAW OFFICES OF DAVID 1. STERN, -:.::


P.A.,
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Defendant.
--------------------------------------~/

NOTICE OF T AlONG DEPOSITION

TO: Gerald F. Riclunan, Esq. and Leora B. Freire, Esq., Richman Greer, P.A., Attorneys for
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of:

Name: Person with the Most Knowledge, Specialized Loan Servicing


8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80219

Date: Tuesday, February 2,2010 at 11 :00 a.m.

Place: Colorado Court Reporters Assoc. CCRA, 646 Howe Cir., Castle Rock, CO
(303) 933-0577

Specialized Loan Servicing shall designate the person with the most knowledge of the matters

contained in the documents and who is prepared to answer questions on the subject matters

contained in the attached Schedule.

Said deposition will be taken before a notary public or officer authorized by law to take

depositions in the State of Colorado. Said deposition is to be taken pursuant to the Rules of Civil

Procedure. Said oral examination may be taken by stenographic, videotape and/or audio

recording and will continue from day to day until completed. This deposition is being taken for

the purpose of discovery, for use at trial, or for such other purposes as are permitted under the

rules of the Court.

535088.1 TEw CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
r-
By:
~~~~~~~~-----­
Y A. TEW, ESQ.
rida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 20 th day of November, 2009 to the above named addressee.

r
By:--:--ll-lf-_ _ _ ,~
_ _ _ _ _ __
Y A. TEW, ESQ.

cc: Colorado Court Reporters Association CCRA, 646 Howe Cir., Castle Rock, CO
303-933-0577

535088.1 TEW CA~NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112

535304.1
~'f
,,) Y IN THE CIRCUIT COURT OF THE 17TH
SH~IRO & FISHMAN, LLP, JUDICIAL CIRCUIT IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA

v. CASE NO. 09-031905 (09)


THE LAW OFFICES OF DAVID J.
STERN, P.A.
Defendant.
/ C) C. '
(I" tv ---i
C~:' W
NOTICE OF HEARING ~:: .:' '. J

This Motion was Scheduled Using the "Online Motion Calendar ScheduliD..g!.i Syst€m ,..~
11 "
r''','' ",0 \
DC" •• •.
PLEASE TAKE NOTICE that the undersigned will call up for heariplf:'befoU» theP~
:'.-' W

Honorable David Krathen, Circuit Court Judge, Broward County Courthouse, 201 S. E. 6 th

Street, #1005A, Fort Lauderdale, Florida 333301 on Wednesday, December 2, 2009, at 8:45

a.m., the following:

DEFENDANT'S THE LAW OFFICES OF DAVID J. STERN, P.A. 'S


MOTIONS TO APPOINT COMMISSIONERS

PLEASE BE GOVERNED ACCORDINGLY.


Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

By: lfi"'" 1""""


~FFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
U.S. Mail this 20th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

BY:~rwJ
/.
J
~REY A. TEW, ESQ.

TEw CARDENAS LLP


Four Seasons Tower, 15th floor, 1441 Brickell Avenue, Miami, florida 33131-3407 • 305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,

v.
THE LAW OFFICES OF DAVID J.
:~: • • -;+
STERN, P.A. _.-1
c:-; " .
l-
t"·

Defendant. ~ .•.., : .
-.-
~
/ --
p...('.:::'
.
----------------------------------------------------------------------------
,-'. . f.-~'

DEFENDANT'S THE LAW OFFICES OF DAVID J. STERN, P.A.'S


MOTION TO APPOINT COMMISSIONER
This Motion was Scheduled Using the Online Motion Calendar Scheduling System

Defendant, The Law Offices of David J. Stem, P.A., ("Stem, P.A.") pursuant to Florida

Rule of Civil Procedure 1.410, moves to appoint a commissioner in the State of Colorado and

states:

1. Stern, P .A. requests that this Court issue an order appointing Colorado Court

Reporters Association, CCRA, 646 Howe Cir., Castle Rock, CO, or any notary authorized to

administer oaths and take deposition testimony in the State of Colorado, to serve as

commissioner to administer oaths and, if necessary, in accordance with the laws of the State of

Colorado, to compel the Records Custodian and the Person with the Most Knowledge of

Specialized Loan Servicing LLC to appear for the taking of their depositions on the date and at

the place and time specified on the Subpoenas for Deposition Duces Tecum, which are attached

as Composite Exhibit "A".

2. Colorado Court Reporters Association CCRA is a certified court reporter and

notary public, authorized to take oaths and depositions within the State of Colorado.

TEw CARDENAS LLP


Four Seasons Tower. 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
3. Colorado Court Reporters Association CCRA is not in any way connected with

the parties herein or interested in the events of this cause.

4. This Court has authority to appoint a commissioner in this action. See Travelers

Indemnity Co. v. Hill, 388 So. 2d 648,650 (Fla. 5th DCA 1980); see also Fla. R. Civ. P. 1.410.

"Under ordinary circumstances the appointment of a commissioner is a perfunctory matter

barring some showing to the contrary by the adverse party." Travelers, 388 So. 2d at 650.

WHEREFORE, Stem, P.A. respectfully requests that this Court enter an order, a

proposed form of which is attached hereto as Exhibit "B", appointing Colorado Court Reporters

Association LLC, or any notary authorized to administer oaths and take deposition testimony in

the State of Colorado, to serve as commissioner to administer oaths, to compel the

aforementioned witnesses to appear for said depositions, and for such other and further relief as

this Court deems just and proper.

Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

~
r J{ r
By: 'rmM kJ
~ JEFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
th
U.S. Mail this 20 day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

.
By:~~~r
FREy A. TEW, ESQ.
535120.1

TEW CARDkNAS LLP


Four Seasons Tower, 15th Floor, 1441 BrickeU Avenue, Miami, Florida 33131-3407 • 305-536-1112
EXHIBIT A
IN THE CIRCUIT COURT OF THE 17TH
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
Plaintiff,
v. CASE NO.: 09-031905 (09)

THE LAW OFFICES OF DAVID J. STERN,


P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION DUCES TECUM

THE STATE OF FLORIDA

TO: Records Custodian of Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, CO 80219

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at Colorado Court Reporters Association, CCRA, 646 Howe Circle, Castle Rock,

Colorado on Tuesday, February 2, 2010 at 9:00 a.m., for the taking of your deposition in this

action. You are to appear at the deposition with the documents referenced in the attached

Schedule. If you fail to comply with this subpoena, you may be in contempt of court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.

DATED on November 20, 2009.

Jeffrey Tew, Esq.


As Officer of the Court
~ ~ .
By:/J. V "-
teffr y Tew, Esq. email: jt@tewlaw.com
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
Four Seasons Tower, 15 th Floor
1441 Brickell Avenue
Miami, FL 33131
Telephone: 305.536.1112-
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David 1. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files .


...
Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to

Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to Shapiro & Fishman

LLP

535304.1
SHAPIRO & FISHMAN, LLP, IN THE CIRCUIT COURT OF THE 17TH
Plaintiff, JUDICIAL CIRCUIT, IN AND FOR
v. BROWARD COUNTY, FLORIDA

THE LAW OFFICES OF DAVID J. STERN, CASE NO.: 09-031905 (09)


P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA

TO: Specialized Loan Servicing (through a person with the most knowledge of the
matters set forth on the attached schedule), 8742 Lucent Blvd., Suite 300
Highlands Ranch, CO 80219

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at Colorado Court Reporters Association, CCRA, 646 Howe Circle, Castle Rock,

Colorado on Tuesday, February 2, 2010 at 11:00 a.m., for the taking of your deposition in this

action. You are to appear through a corporate representative who is prepared to answer questions

on the subject matters contained in the attached Schedule. If you fail to comply with this

subpoena, you may be in contempt of court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.
~
DATED on Novembed-O " 2009.

Jeffrey Tew, Esq.


As O~cer orr, Court

By:/I'~
IOJffr Tew, Esq.
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
Four Seasons Tower, 15 th Floor
1441 Brickell Avenue
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or files transferred or directed to be transferred from The Law

Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P.A. to

Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to Shapiro & Fishman

LLP

535304.1
District Court Dougla" mty, Colorado
Court Ad dress : 4000 Ju, ,,~e Way, Suite 2009
Castle Rock, CO 80109

Plaintiff( s )/Petitioner(s ): Shapiro & Fishman LLP ... COURT USE ONL YA

v.
,-,as'e-l'<to~O,,-031'905\09 }

DefendantlsllResoondentls): The Law Offices of David J . Stern, PA


SUBPOENA TO -
129 APPEAR FOR DEPOSITION 129 PRODUCE PURSUANT TO ~13-90.5-103 , C.R.S.

To: Records Custodian, Specialized Loan Services LLP, 8742 Lucent Blvd., Ste 300, Highlands Ranch , CO
802 19

You are ordered to attend and give testim ony at a deposition at the following location :
Colorado Court Reporters Ass oc. CCRA. 646 Howe Cir .. Castle Rock. CO (303) 933-0577
on Tuesday, February 2, 2010 at 9:00 a.m. as a witness for the D Plaintiff(s)/Petitioner(s)
~ Defendant(s)/Respondent(s) in an action outside of Colorado .
At that time and place, you also shall produce the following items now in your custody or control: See attached
Schedule

Names, addresses and telephone numbers of all counsel of record in this action and of any party represented by
counsel are as follows:

~ ~'~""mel~,-: •..1<}';Xq~,~~rr)j.t~~tl!-: ::.


-'A:dd' -
, ress ,,-_.:it'
~,- ',i;1t<:.{
~ !££i.f.~.;:';.;,l~ . - /"-;;"" ..'Y".?1if~~'
.. \:i.)-,,;i.t~·'..,,·~ "»'"Y. ·,~. ,;r"""
t ._- "' ...... ..:;~:~ i~~Tii" , ~. ; - ... ';Telephone' Niiri'iper. ~~~;.i;
Jeffrey Tew, Esq. Tew Cardenas LLP, 1441 Brickell Ave., 15" Floor 305-536-8452
Miami, FL 33131
G erald Richman, Esq. Richman Greer, P.A., 250 Australian Avenue South 561-803-3500
Leora B. Freire, Eq . Suite 1504, West Palm Beach , FL 33401

Dated : _ _ _ _ _ _ _ _ _ __
Clerk/Deputy Clerk

AFFIDAVIT OF SERVICE
I declare under oath that, I am 18 years or older and not a party to the action and th at I served this Subpoena to D Appear for
Deposition D Produce to the Witness in (County) (State) on (date)
at the following location : _ _ _ _ __ _ _ _ __ _ _ __ _ _ _ _ __ _ _ __ _ __ _ _ _ __
Check one:
D By handing it to a person identified to me as the Witness or by leaving it with the Witness who refused service.
D By leaving it with one of the following:
D the person's usual place of abode or workplace;
D with any person who is 18 years or older and who is a member of the person's fa mily;
D with the person's secretary, administrative assistant, bookkeeper, or managing agent; or
D by delivering a copy to an agent authorized by appointment or by law to receive service of process.
D I attempted to serve the Witness on occasions but have not been able to locate the Witness.
o Pri vate process server
D Sheriff, County
Fee $ Mileage $ _ __
Signature of Process Server

Name (Print or type)


My Commission Expires: _ _ _ _ __ _ __
Notary Public I Deputy Clerk Date

JDF 90 10/08 SUBPOENA TO APPEAR FOR DEPOSITION ANDIOR SUBPOENA TO PRODUCE


535183 .1
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

[01 eclosure matters, cases and/or files transferred or directed to be transferred from I he Law

Offices of David J. Stem, P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fislunan LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David 1. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to

Shapiro & Fislunan LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David 1. Stem, P.A. to Shapiro & Fislunan LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman

LLP

535304.1
District Court Douglc )unty, Colorado
Court Address: 4000 Jl.J .... dce Way, Suite 2009
Castle Rock, CO 80109

Plaintiff{s)/Petitioner(s): Shapiro & Fishman LLP A COURT USE ONLVA

v. .....
\",C1:se
.. -
I~U. u~-u.,)
-
I ~U\J \ U~ }

Defendant{s)/Respondent{s): The Law Offices of David J. Stern, P.A.


.- - SUBPOENA TO
- .. -

[KJ APPEAR FOR DEPOSITION [&1 PRODUCE PURSUANT TO §13-90.5-103, C.R.S.

To: Specialized Loan Services LLP shall designate the person with the most knowledge of the documents
produced by the Records Custodian, 8742 Lucent Blvd., Ste 300, Highlands Ranch, CO 80219

You are ordered to attend and give testimony at a deposition at the following location:
Colorado Court Reporters Assoc. CCRA, 646 Howe Cir .. Castle Rock. CO (303) 933-0577
on Tuesday, February 2,2010 at 11:00 a.m. as a witness for the OPlaintiff(s)/Petitioner(s)
~Defendant{s)/Respondent(s) in an action outside of Colorado.
At that time and place, you also shall produce the following items now in your custody or control: Records
Custodian will produce the documents at 9:00 a.m.

Names, addresses and telephone numbers of all counsel of record in this action and of any party represented by
counsel are as follows:

Jeffrey Tew, Esq. Tew Cardenas LLP, 1441 Brickell Ave., 1 Floor 305-536-8452
Miami FL 33131
Gerald Ril"hl"n'!:ln Richman Greer, P.A., 2 561-803-3500
Leora B. Suite 1504 West Palm

Dated: _ _ _ _ _ _ _ _ _ __
Clerk/Deputy Clerk

AFFIDAVIT OF SERVICE
I declare under oath that, I am 18 years or older and not a party to the action and that I served this Subpoena to DAppear for
Deposition DProduce to the Witness in (County) (State) on (date)
at the following location: _ _ _ _ _ _ _ _ _ _ _ _ _ _----:-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Check one:
D By handing it to a person identified to me as the Witness or by leaving it with the Witness who refused service.
D By leaving it with one of the following:
Cl the person's usual place of abode or workplace;
o with any person who is 18 years or older and who is a member of the person's family;
o with the person's secretary, administrative assistant, bookkeeper, or managing agent; or
o by delivering a copy to an agent authorized by appointment or by law to receive service of process.
D I attempted to serve the Witness on occasions but have not been able to locate the Witness.
D Private process server
D S~ri~ ~un~
Fee $ Mileage $ _ __
Signature of Process Server

Name (Print or type)


My Commission Expires: _ _ _ _ _ _ _ __
Notary Public I Deputy Clerk Date

JDF 90 10/08 SUBPOENA TO APPEAR FOR DEPOSITION ANDIOR SUBPOENA TO PRODUCE


535185.1
Schedule of Documents to be Produced

Any and all documents relating to any Specialized Loan Servicing LLC residential

foreclosure matters, cases and/or :files transferred or directed to be transferred from The Law

Offices of David J. Stern, -P.A. to Shapiro & Fishman, LLP ("the transferred files") including but

not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with Specialized Loan Servicing LLC regarding said

transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David 1. Stem, P.A. regarding the transferred files.

(e) litigation case files.

Any and all documents to or from Lender Processing Services, Inc. regarding the

Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to

Shapiro & Fishman LLP.

Any and all documents to or from Scott Barnes regarding the Specialized Loan Servicing

LLC transferred from The Law Offices of David J. Stern, P .A. to Shapiro & Fishman LLP

Any and all documents to or from Chuck Martisek regarding the Specialized Loan

Servicing LLC transferred from The Law Offices of David 1. Stem, P .A. to Shapiro & Fishman

LLP

535304_1
EXHIBITB
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
SHAPIRO & FISHMAN, LLP,
Plaintiff, CASE NO.: 09-031905 (09)
v.

THE LAW OFFICES OF DAVID J. STERN, P.A.,


Defendant.
-------------------------------------~/
ORDER GRANTING COMMISSION

This cause having been considered by the Court upon Defendant The Law Offices of

David J. Stem, P.A. 's Motion to Appoint Commissioner ("Motion"), and having reviewed the

motion and being duly advised in the premises, it is hereby

ORDERED AND ADJUDGED that:

1. This Court shall issue a Commission to Colorado Court Reporters Association

CCRA, 646 Howe Cir., Castle Rock, CO, authorizing the Commissioner to take the depositions

of the Records Custodian and the Person with the Most Knowledge of Specialized Loan

Servicing LLC in Colorado in this case.

2. The counsel for the respective parties shall be notified in writing of the time and

place of examination and that the testimony taken may be used in connection with discovery in

this action, for use at trial, or for such other purposes as permitted under the rules of Court.

3. A copy of this Order shall be annexed to the Commission.

DONE AND ORDERED in Chambers at Ft. Lauderdale, Broward County, Florida this

_ day of _ _ _ _, 2009.

Copies furnished to: HON. DAVID KRATHEN


Gerald Richman, Esq. CIRCUIT COURT JUDGE
Jeffrey Tew, Esq.
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA

CASE NO.: 09-031905 (09)

SHAPIRO & FISHMAN, LLP,

Plaintiff,
v.

THE LAW OFFICES OF DAVID 1. STERN,


P.A.,

Defendant.
__________________________________1

COMMISSION

TO: Colorado Court Reporters Association CCRA, 646 Howe Cir., Castle Rock, CO

WE HEREBY authorize you to take the depositions of the Records Custodian and the
Person with the Most Knowledge of Specialized Loan Servicing LLC, 8742 Lucent Blvd., Suite
300, Highlands Ranch Co 80219, under oath on oral examination in accordance with the
directions set forth in the Order of this Court attached hereto as Exhibit"A".
DONE AND ORDERED in Chambers at Ft. Lauderdale, Broward County, Florida this
_ day of , 2009.

Copies furnished to: HON. DAVID KRATHEN


Gerald Richman, Esq. CIRCUIT COURT JUDGE
Jeffrey Tew, Esq.
535110.1

535313.1
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff, .
:::.:~.
("")
":::--:;
,., ..... •.
C> I
- •.,.!.:>
-:;:c-- ~
v.
THE LAW OFFICES OF DAVID J.
~;~
:.;::'1
l~
~
.~
N
.--
("")

~
,_ .... CJ,)
STERN, P.A. :. .'
n
-:l...':;.:
.-
-
:::=r...
.--
:2
-,-
Defendant. i
.- ....
'-' ~ \

/ ~~;.'t·-: ~
------------------------------- W
W

DEFENDANT'S NOTICE OF FILING FIRST SET OF INTERROGATORIES TO


PLAINTIFF, SHAPIRO & FISHMAN, LLP

Pursuant to Fla.R.Civ.P. 1.340, Defendant hereby propounds the attached interrogatories

to Plaintiff, Shapiro & Fishman, LLP and requests that Shapiro & Fishman LLP responds under

oath within the time prescribed by the Florida Rules of Civil Procedure.

Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsi 'le: (305) 536-1116
('
By: ~~+-~~________________
REY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407. 305-536-1112
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
t20 h
U.S. Mail this W day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

By' ~r W
FltEy A. TEW, ESQ.

535238.1

TEW CARaENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

SHAPIRO & FISHMAN, LLP, CASE NO. 09-031905 (09)

Plaintiff,
,
v.
,. ..::.
THE LAW OFFICES OF DAVID J. ~-
~',I
:~.:.=- h
STERN,P.A.
~;~:
...0
..- ::J
,,-,'--
"~ n
Defendant.
~,: . . .

O(~·

r'~'
r
.~~

rv
U)
-
'-
. .-;
'-'j
/ ~.~:' .,
------------------------------------------------------------- ~
--( .....
I -
'-? ....
.•->
DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO <....)
(..oJ
PLAINTIFF, SHAPIRO & FISHMAN, LLP

Pursuant to Rule 1.3 50, Fla. R. Civ. P., Defendant, The Law Offices of David J. Stem,

P .A., by ·and through undersigned counsel, requests that Plaintiff Shapiro & Fishman LLP

produce the documents described below within the time prescribed by the Florida Rules of Civil

Procedure.

I. DEFINITIONS

a. "Document" has the full extent of its meaning as provided in the Florida Rules of

Civil Procedure, including but not limited to: any written or graphic matter or other means of

preserving thought or expression and all tangible things from which infonnation can be

processed or transcribed, including the originals and all nonidentical copies, whether different

from the original by reason of any notation made on such copy or othelWise, including, but not

limited to, e-mails and any attachments, correspondence, memoranda, notes, messages, letters,

telegrams, teletype, tel efax , bulletins, meetings or other communications, interoffice and

intraoffice telephone calls, diaries, chronological data, minutes, books, reports, checks, tags,

labels, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets,

TEw CARDENAS LLP


Four Seasons Tower. 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits,

contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper

articles, releases (and any and all drafts, alterations and modifications, changes and amendments

of any of the foregoing), graphic or aural records or representations of any kind (including

without limitation photographs, microfiche, microfilm, videotape, and motion pictures), and

electronic, mechanical, magnetic, optical or electric records or representations of any kind

(including without limitation computer files and programs, tapes, cassettes, discs, and

recordings), including metadata and temporary files.

b. The term "all documents" means every document or group of documents as above

defined that are known to you or that can be located or discovered by reasonably diligent efforts.

c. "Concerning,", "referring to," "reflecting," "evidencing", "relates to", or "with

regard to" means in any way directly or indirectly, concerning, referring to, disclosing,

describing, confirming, supporting, evidencing or representing.

d. "And" and "or" shall be construed in the disjunctive or conjunctive as necessary

In order to bring within the scope of each request all documents that might otherwise be

construed to be outside its scope.

e. "Person" means any individual natural person, partnership, association, firm,

corporation, organization, trust, governmental or public entity, and/or any of its agents,

employees, assigns or representatives.

f. "Shapiro & Fishman LLP" "you" an910r "your" means the Plaintiff, Shapiro &

Fishman, LLP, and his agents, attorneys, accountants and all other persons acting or purporting

to act on his behalf.

TEW CARci£NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
II. INSTRUCTIONS

a. Any document as to which a claim of privilege is or will be asserted should be

identified by author, signatory, description (e.g., letter, memorandum, telex, recording, etc.), title

(if any), date, addresses (if any), general subject matter, present depository and present custodian

and a complete statement of the ground for the claim of privilege should be set forth.

b. If it is maintained or asserted that any document that is requested has been

destroyed, set forth the contents of the document, the date of such destruction and the name of

the person who authorized or directed such destruction.

c. If any of-the documents cannot be produced in full, produce to the extent possible,

specify the reasons for the inability to produce the remainder.

d. In responding to the following document requests, please specify which

documents are responsive to each request.

e. This request is a continuing one. If after producing documents, you become

aware of any further documents, you are required to produce such additional documents.

f. Plaintiff is requested to produce all documents requested herein within the time

period prescribed by the Florida Rules of Civil Procedure, at the offices of Tew Cardenas LLP,

1441 Brickell Avenue, 15th Floor, Miami, Florida 33131.

III. REQUEST FOR PRODUCTION OF DOCUMENTS

1. Any and all documents to relating to your claim for damages.

2. Any and all documents relating to any fee agreements between you and American

Home Mortgage Services, Inc.

3. Any and all documents relating to the fee agreement between you and Specialized

Loan Servicing, LLC.

TEW cARDlNAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
4. Any and all documents identified by you in your Answers to Defendant, The Law

Finn of David J. Stern, P .A. 's First Interrogatories to Plaintiff Shapiro & Fishman LLC.

5. Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stern, P.A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P .A. regarding the "transferred files.

(e) litigation case files.

6. Any and all documents relating to any Specialized Loan Servicing LLC

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stern, P .A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

TEW CAReENAS LLP


Four Seasons Tower, 15th Floor. 1441 Brickell Avenue, Miami. Florida 33131-3407 • 305-536-1112
(c) correspondence or emails to or [Tom any employee, attorney or partner of Shapiro

& Fishman LLP and any empl oyees with Specialized Loan Servicing LLC regarding said

transferred fil es; and

(d) correspondence or email s from or to any emp loyee, attomey with The Law

Offices of David J. Stem, P.A. regarding the transferred file s.

(e) litigation case files.

7. Any and all documents to or from Fidelity Default Solutions regarding the

American Home Mortgage Servicing, Inc. and Specialized Loan Servicing LLC transferred from

The Law Offices of David J. Stern, P.A. to Shapiro & Fishman LLP.

8. Any and all documents to or from Lender Processing Services, Inc. regarding the

American Home MOllgage Servicing, Inc. and Specialized Loan Servicing LLC transferred from

The Law Offices of David J. Stern, PA to Shapiro & Fishman LLP.

9. Any and all documents to or from Scott Barnes regarding the American Hom e

Mortgage Servicing, Inc. and Specialized Loan Servicing LLC transferred from The Law Offi ces

of David J. Stem, P.A. to Shapiro & Fishman LLP

10. Any and all documents to or from Chuck Martisek regarding the American Home

Mortgage Servicing, Inc. and Specialized Loan Servici ng LLC transfelTed from The Law Offices

of David J. Stern, PA to Shapiro & Fishman LLP

TEW CARIltNAS LLP


Four Seasons Tower, 15th Floor, \44 1 Brickell Avenue, Miami. Florida 33 l3 1·3407 . 305-536-1 11 2
Dated: November 19,2009
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsim· e: (305) 536-1116

By: ~
JEFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
. 20
u.S. Mail this ~th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

By:~~_-=-- _ _ _ _ _ _ _ _ __
J FREY A. TEW, ESQ.

535019.1

TEW CARQ:NAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
SHAPIRO & FISHMAN, LLP,
CASE NO. 09-031905 (09)
Plaintiff,

v.
THE LAW OFFICES OF DAVID J. 0;"" 0"0:
C•
•~ •..:. I
.-
(")
:'0
STERN,P.A. :;.- c"')
(::
----'
.'
.-: ...

,.0)

Defendant. / r
-------------------------------
DEFENDANT'S THE LAW OFFICES OF DAVID J. STERN, P.A.';S,:"
MOTION TO APPOINT COMMISSIONER 00
v)
This Motion was Scheduled Using the Online Motion Calendar Scheduling System U1

Defendant, The Law Offices of David J. Stem, P.A., ("Stem, P.A.") pursuant to Florida

Rule of Civil Procedure 1.410, moves to appoint a commissioner in the State of California and

states:

1. Stem, P .A. requests that this Court issue an order appointing M & M Court

Reporting, 501 North Golden Circle Drive, #106, Santa Ana, CA 92705-3913 (877) 472-2300 or

any notary authorized to administer oaths and take deposition testimony in the State of

California, to serve as commissioner to administer oaths and, if necessary, in accordance with the

laws of the State of California, to compel the Records Custodian and the Person with the Most

Knowledge of American Home Mortgage Servicing, Inc. to appear for the taking of their

depositions on the date and at the place and time specified on the Subpoenas for Deposition

Duces Tecum, which are attached as Composite Exhibit "A".

2. M & M ~ourt Reporting have certified court reporters and notary publics,

authorized to take oaths and depositions within the State of California.

3. M & M Court Reporting is not in any way connected with the parties herein or

interested in the events of this cause.

'fEw CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
4. This Court has authority to appoint a commissioner in this action. See Travelers

Indemnity Co. v. Hill, 388 So. 2d 648, 650 (Fla. 5th DCA 1980); see also Fla. R. Civ. P. 1.410.

"Under ordinary circumstances the appointment of a commissioner is a perfunctory matter

barring some showing to the contrary by the adverse party." Travelers, 388 So. 2d at 650.

WHEREFORE, Stem, P.A. respectfully requests that this Court enter an order, a

proposed form of which is attached hereto as Exhibit "B", appointing M & M Court Reporting,

or any notary authorized to administer oaths and take deposition testimony in the State of

California, to serve as commissioner to administer oaths, to compel the aforementioned

witnesses to appear for said depositions, and for such other and further relief as this Court deems

just and proper.

Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
r.'
By: ~
EFFREY A. TEW, ESQ.
Florida Bar No. 121291
E-mail: jt@tewlaw.com
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by

U.S. Mail this 20th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Richman Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401.

U_~_",-
BY:-tA-t-=---
/i!iisy _ _ _ __
A. TEW, ESQ.

535114.1

TEWC~ASLLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131-3407 • 305-536-1112
EXHIBIT A
IN THE CIRCUIT COURT OF THE 17TH
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUlT, IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
v.
CASE NO.: 09-031905 (09)
THE LAW OFFICES OF DAVID J. STERN,
P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA
TO: American Home Mortgage Servicing, Inc. (through a person with the most
knowledge of the matters set forth on the attached Schedule).
6 Hutton Center Drive, Suite 700, Santa Ana, CA 92707

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at M & M, Court Reporting, 501 N. Golden Circle Dr., #106, Santa Ana, CA 92705

on Thursday, February 4, 2010 at 11 :00 a.m., for the taking of your deposition in this action.

You are to appear at the deposition with the documents referenced in the attached Schedule. If

you fail to comply with this subpoena, you may be in contempt of court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.

DATED on November 20, 2009.

Jeffrey Tew, Esq.


As Officer of the Court

BY:-+F-t'-_(.1_~_ _ _ __
Jeffrey Tew, Esq.
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
th
Four Seasons Tower, 15 Floor
1441 Brickell Avenue
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your firm of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P .A. regarding the "transferred files.

(e) litigation case files.

TEW CARDENAS LLP


535305.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue. Miami. Florida 33131-3407·305-536-1112
IN THE CIRCUIT COURT OF THE 17TH
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
v.
CASE NO.: 09-031905 (09)
THE LAW OFFICES OF DAVID J. STERN,
P.A.,
Defendant.
_________________________________________________1
SUBPOENA FOR DEPOSITION DUCES TECUM

THE STATE OF FLORIDA


TO: Records Custodian of American Home Mortgage Servicing, Inc.
6 Hutton Center Drive, Suite 700, Santa Ana, CA 92707

YOU ARE HEREBY COMMANDED to appear before a person authorized to take

depositions at M & M Court Reporting, 501 North Golden Circle Drive, # 106, Santa Ana, CA

92705-3913 (877-472-2300) on Thursday, February 4, 2010 at 9:00 a.m., for the taking of

your deposition in this action. You are to appear at the deposition with the documents referenced

in the attached Schedule. If you fail to comply with this subpoena, you may be in contempt of

court.

You are subpoenaed to appear by the following attorney, and unless excused from this

subpoena by this attorney or the court, you shall respond to this subpoena as directed.

DATED on November 20, 2009.

Jeffrey Tew, Esq.


As Of cer of the Court

1--
Jeffrey Tew, Esq.
Florida Bar No. 121291
TEW CARDENAS, LLP
Attorneys for Defendant
Four Seasons Tower, 15 th Floor
1441 Brickell Avenue
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The Law Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your fmn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P .A. regarding the "transferred files.

(e) litigation case files.

TEW CARDENAS LLP


535305.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
SUBP -020

,
St"te Bar nlJ .. o08f. and address}:
ATTORNEY OR PARTY WITHOUT AnORNEY (N<Jme, FOR COURT USE Ot<L Y

fir liT w F· T wC;~rdenasli P 1441 Bri k IIAy nu f .c::.a on Tnw r 15" FI r Miami Fl 33131

TELEPHONE NO : 305·536-B4S2FAX NO . (Optional) .305-536·1112


E·MAIL ADDRESS (Optional): il@Iewli/w com
ATIO RNEY FOR (Name) Defendant: The Law Offices of David J. Stern, PA

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE COUNTY


STREET ADDRESS: 700 C IVIL CENTER DRIVE, WeT #30 MAILING ADDRESS: SAME
CITY AND ZIP CODE: SANTA ANA, CA 92701 BRANCH NAME:

PLAINTIFFIPETITIQNER: SHAPIRO 8. FISHMAN llP


DEFENDANT/RESPONDENT: THE LAw OFFICES OF DAVID J. STERN, P.A ..
IN THE CIRCUIT COVRT OF THE 17'" JUDICIALC!RCUIT IN ANO FOR 6ROWARD COUNTY, FLORIDA CASE N O. 09·031905 (09)

CASE NUMBER:
DEPOSITION SUBPOEN A
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS

THE PEOPLE OF THE STATE OF CALIFORNIA, TO; Person with the Most Knowledge, American Home Mortgage Servicing , Inc. ,
6 Hutton Center Drive, Suite 700, Santa Ana CA 92707

1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action al th e following date, time and place:

Dale: Thu rsday, 214/2010 Time: 11 :00 a.m. Address: M&M Court Reporting, 501 N Golden Cir. Dr., #106 Santa Ana, CA

a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the
matters described in item 4. (Code eiv. Proc., § 025.230. )

b. Vou are ordered to produce the documents and things described in item 3.

c. This deposition will be recorded stenographically 0 through the instant visual display of testimony

and by 0 audiotape 0 videotape

d. 0 Th is videotape deposition is intended for possible use at trial under Gode of Civil Procedure section
2025.620(d).

2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The
procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.

3. The documents and things to be produced and any testing or sampli ng being sought are described as follows:

o Continued on Attachment 3.

4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows:

~ Continued on Attachment 3. See Attached Schedule

5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF
CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT
ORDER OR AGREEMENT OF THE PARTIES , WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE
YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.

6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the wriNen record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless
the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles
of your residence or within 150 miles of your residence it the deposition will be taken within the county of the court where the action
is endin . The location of the de osition for all de onents is overned b Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR
THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued: ~----------~~~~==~---­


(SIGNATURE OF PERSON ISSUING SUBPOENA)

(TYPE OR PRINT NAME) (Proof of service on reverse) (TITLE) Page 1 of 2

Fonn Adopted for Mandatory Use DEI'OSITION SUBPOENA FOR PERSONAL APPEARANCE Code of Civil Procedure §§ 2020 .5 10,
Judicial Council of Cali fomi a AND PRODUCTION OF DOCUMENTS AN D THINGS 202 5.220,2025.230,202 5.250 ,2025.620;
SUBP·020 (Rev. January 1, 2009) Government Code, § 68097.1
www.courti nfo.ca·itov
American LcgalNet, Inc.
www.FormsWorkOow.com
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases andlor files transferred or directed to be transferred from

The Law 'Offices of David J. Stern, P.A. to Shapiro -& -Fishman, LLP ("the transferred- files")

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fislunan LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the ''transferred files.

(e) litigation case files.

TEW CARDENAS LLP


535305.1 Four Seasons Tower. 15th Floor. 1441 Brickell Avenue. Miami. Florida 33131-3407 • 305-536-1112
SUBP·020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar nu...oer, and address): FOR COURT USE ONLY
JeffrevTew ESQ, Tew Cardenas_llP _1M1 Brickell Avenue. Four Seasons Tower. 15" Floor Miami, FL 33131

TELEPHONE NO.: 305-536-8452FAX NO. (Optional) 305-536·1112


E·MAIL ADDRESS (Optional): It@lewlaw,com
ATTORNEY FOR (Name) Defendant: The Law Offlces 01 David J. Stem, P.A.

SUPERIOR COURT OF CALIFORNIA. COUNTY OF ORANGE COUNTY


STREET ADDRESS: 700 CIVIl CeNTER DRIVE, weT #30 MAI1.ING ADDRESS: SAME
CITY AND ZIP CODE: SANTA ANA, CA 92701 BRANCH NAME:

P1.AINTIFFIPETITIONER: SHAPIRO & FISHMAN LLP


DEFENOANTIRESPONOENT: THE LAw OFFICES OF DAVID J. STERN, P.A.,
IN THE CIRCUIT COURT OF THE 17'" JUDICIAl. CIRCUIT IN AND FOR BROWARD COUNTY,FLORIDA CASE No. 09-031905 (09) - -- .. - ... _.
CASE NUMBER:
DEPOSITION SUBPOENA
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS

THE PEOPLE OF THE STATE OF CALIFORNIA, TO; Records Custodian of American Home Mortgage Servicing, Inc.,
6 Hutton Center Drive, Suite 700, Santa Ana CA 92707

1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date. time and place:

Date: Thursday, 2/4/2010 Time: 9:00 a.m. Address: M&M Court Reporting, 501 N Golden Cir. Dr., #106 Santa Ana, CA

a. D As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the
matters described in item 4. (Code Civ. Proc., § 025.230.)
b. You are ordered to produce the documents and things described in Item 3.

c. This depOSition will be recorded stenographically 0 through the instant visual display of testimony

and by 0 audiotape 0 videotape


d. 0 This videotape deposition is intended for possible use at trial under Code of Civil Procedure section
2025.620(d).

2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The
procedure authorized by Evidence Code sections 1560(b), 1561. and 1562 will not be deemed sufficient compliance with this subpoena.

3. The documents and things to be produced and any testing or sampling being sought are described as follows:
~ Continued on Attachment 3. See Attached Schedule

4. If the witness;s a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows:
~ Continued on Attachment 3. See Attached Schedule

5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF
CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT
ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE
YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.

6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid. at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless
the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles
of your residence or within 150 miles of your residence it the deposition will be taken within the county of the court where the action
is endin . The location of the de osition for all de onents is ovemed b Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR
THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(SIGNATURE OF PERSON ISSUING SUBPOENA)

ITYPE OR PRINT NAME) (Proof of service on reverse) ITITLE) Page 1 of2

Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code of Civil Procedure §§ 2020.510,
Judicial Council of California AND PRODUcrlON OF DOCUMENTS AND THINGS 2025.220.2025.230,2025.250,2025.620;
SUBP-020 (Rev. January I, 2009) Government Code, § 68097.1
www.curtinfo.co.. ov
American LegalNet, Inc.
www.FonnsWorkflow.com
Schedule of Documents to be Produced

Any and all documents relating to any American Home Mortgage Servicing, Inc.

residential foreclosure matters, cases and/or files transferred or directed to be transferred from

The--Law"Offices of David J~- Stem, P.A. to·Shapiro & Fishman, LLP ("the transfelred fues")'

including but not limited to:

(a) retention or engagement as counsel of Shapiro & Fishman LLP;

(b) bills and invoices for legal services received from Shapiro & Fishman LLP and

records of payment by your finn of such bills or invoices;

(c) correspondence or emails to or from any employee, attorney or partner of Shapiro

& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding

said transferred files; and

(d) correspondence or emails from or to any employee, attorney with The Law

Offices of David J. Stem, P.A. regarding the "transferred files.

(e) litigation case files.

TEW CARDENAS LLP


535305.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131·3407·305-536-1112
'.' -- _~" ••• _ - ... . . • __ ...... o. ... _ • __ , _ ... __ _ _ •• _... • ._. _ ••• '. _ _ " .... _ _ •.•

EXHIBITB
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
SHAPIRO & FISHMAN, LLP,
Plaintiff, CASE NO.: 09-031905 (09)
v.

THE LAW OFFICES OF DAVID J. STERN,


P.A.,
Defendant.
----------------------------------./
ORDER GRANTING COMMISSION

This cause having been considered by the Court upon Defendant The Law Offices of

David J. Stem, P .A. 's Motion to Appoint Commissioner ("Motion"), and having reviewed the

motion and being duly advised in the premises, it is hereby

ORDERED AND ADJUDGED that:

1. The Court shall issue a Commission to·M & M Court Reporting, 501 North Golden

Circle Drive, #106, Santa Ana, CA 92705-3913 (877-482-2300), authorizing the Commissioner

to take the depositions of the Records Custodian and the Person with the Most Knowledge of

American Home Mortgage Servicing, Inc. in California in this case.

2. The counsel for the respective parties shall be notified in writing of the time and place of

examination and that the testimony taken may be used in connection with discovery in this

action, for use at trial, or for such other purposes as permitted under the rules of Court.

3. A copy of this Order shall·be annexed to the Commission.

DONE AND ORDERED in Chambers at Ft. Lauderdale, Broward County, Florida this

_ day of _ _ _ _, 2009.

Copies furnished to: HON. DAVID KRATHEN


Gerald Richman, Esq. CIRCUIT COURT JUDGE
Jeffrey Tew, Esq.
535119.1
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, 1N AND FOR
BROWARD COUNTY, FLORIDA

CASE NO.: 09-031905 (09)

SHAPIRO & FISHMAN, LLP,

Plaintiff,
v.

THE LAW OFFICES OF DAVID J. STERN,


P.A.,

Defendant.
--------------------------------~/
COMMISSION

TO: M & M Court Reporting


501 North Golden Circle Drive, #106
Santa Ana, CA 92705-3913 (Phone: 877-472-2300)

WE HEREBY authorize you to take the depositions of the Records Custodian and the
Person with the Most Knowledge of American Home Mortgage Servicing, Inc. 6 Hutton Center
Drive, Suite 700, Santa Ana, CA 92707, under oath on oral examination in accordance with the
'directions set forth in the Order of this Court attached hereto as Exhibit "A".
DONE AND ORDERED in Chambers at Ft. Lauderdale, Broward County, Florida this
_ day of ,2009.

Copies furnished to: HON. DAVID KRATHEN


Gerald Richman, Esq. CIRCUIT COURT JUDGE
Jeffrey Tew, Esq.
535110.1
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 ( q)


Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,

Defendant.
------------------------------~/
RE-NOTICE OF TAKING DEPOSITION OF DEFENDANT'S RULE 1.310(b)(6)
WITNESS AND REQUEST FOR PRODUCTION OF DOCUMENTS
(date and time change only)

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil

Procedure, the undersigned attorneys will take the deposition of:

DEPONENT

a representative or representatives of Defendant, The Law Offices of David J. Stem, P .A., with

the most knowledge of the matters set forth in "Exhibit A" is to appear with any

documents/writings set forth in "Exhibit B."

DATE & TIME


November 6, 2009 at 1:00 p.m.

PLACE
McNab Executive Center
1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are permitted under the applicable Statutes or Rules of Court.
Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401

::: (S61SCi-
Tele: (561) 803-3500

GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Re-Notice of Taking

Deposition has been served via facsimile and U.S. Mail on this £~day of October, 2009
upon: Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL

33131.

cc: Debra Duran & Associates

2
RICHMAN GREER, P.A.
Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

Exhibit A

Pursuant to Rule 1.3 IO(b)(6) of the Florida Rules of Civil Procedure, The Law Offices of

David J. Stem, P.A. ("Finn") shall produce those persons with the most knowledge concerning

the following subject matters of inquiry:

1. Firm policy regarding file intake, including the marmer which files and documents

are received by the Finn and Finn procedures upon receipt of new files.

2. Finn policy regarding the handling of original documents provided to the Finn by

the client relating to its files, including the intake of those original documents, the

procedures upon receipt of those original documents, and the physical

maintenance of those original documents.

3. Firm's handling of the original documents for American Home Mortgage

Servicing, Inc. 's ("ARMS") files.

4. Firm's handling of the original documents for Specialized Loan Servicing's

("Specialized") files.

5. Any and all requests or communications, including emails, received by the Finn

from AHMS regarding the transfer of any of its files to Shapiro & Fishman, LLP.

6. Any and all requests or communications, including emails, received by the Finn

from Specialized regarding the transfer of any of its files to Shapiro & Fishman,

LLP.

3
RICHMAN GREER, PA
Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

7. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the transfer of ARMS' files to Shapiro

& Fishman, LLP.

8. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the transfer of Specialized's files to

Shapiro & Fishman, LLP.

9. Any and all Firm efforts to comply with requests to transfer ARMS' files to

Shapiro & Fishman, LLP.

10. Any and all Firm efforts to comply with requests to transfer Specialized's files to

Shapiro & Fishman, LLP.

11. Firm policy regarding the execution of Stipulations of Substitution of Counsel in

cases where the files are transferred out of the Firm, including the procedures

undertaken upon receipt of such stipulations.

12. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel

for ARMS' files to Shapiro & Fishman, LLP.

13. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel

for Specialized's files to Shapiro & Fishman, LLP.

14. Any and all Finn efforts to execute Stipulations of Substitution of Counsel in

ARMS' cases transferred to Shapiro & Fishman, LLP.

4
RICHMAN GREER, P.A.
Mlamle West Palm Beach
Shapiro & Fishman v. David 1. Stern
Case No. 09031905
Re-Notice of Taking Deposition

15. Any and all Firm efforts to execute Stipulations of Substitution of Counsel in

Specialized's cases transferred to Shapiro & FishmanrLLP.

16. Firm billing and payment history for AHMS for all files that were transferred to

Shapiro & Fishman, LLP, including invoicing, balance and payment history.

17. Firm billing and payment history for Specialized for all files that were transferred

to Shapiro & Fishman, LLP, including invoicing, balance and payment history.

18. Any Firm charging or retaining liens on any ARMS file that was requested to be

transferred to Shapiro & Fishman, LLP., including the monetary amounts of any

such liens.

19. Any Firm charging or retaining liens on any Specialized file that was requested to

be transferred to Shapiro & Fishman, LLP., including the monetary amounts of

any such liens.

5
RICHMAN GREER, P.A.
Miami- west Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

ExhibitB

-You are-requested to produce Rule 1.310(bX6)-depositions set forth above not-only those.

writing in your possession, custody or control at the time of deposition, but also those writings

also reasonably available to you, including those in the possession, custody or control of your

attorneys, agents or any other persons action on their behalf.

You are requested to produce all writings and forms in the same order as they were kept

prior to this notice to produce.

In the event you are able to produce some of the writings called for in each particular

request, please produce all writings you are able to produce.

If you object to a request as overbroad when a narrower version of the request would not

be objectionable, please provide all documents responsive to the narrower version:

1. Any and all written Firm policies regarding file intake, including the manner

which files and documents are received by the Firm and Firm procedures upon

receipt of new files.

2. Any and all written Firm policies regarding the handling of original documents

provided to the Firm by the client relating to its files, including the intake of those

original documents, the procedures upon receipt of those original documents, and

the physical maintenance of those original documents.

3. Any and all requests or communications, including emails, between the Firm and

AHMS regarding the transfer of any of ARMS' files to Shapiro & Fishman, LLP.

6
RICHMAN GREER, P.A.
Mlamle West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

4. Any and all requests or communications, including emails, between the Firm and

Specialized ·regarding the transfer--of any- of Specialized~s files too-Shapiro &

Fishman, LLP.

5. Any and all requests or communications, including emails, between the Firm and

Shapiro & Fishman, LLP regarding the transfer of AHMS' files to Shapiro &

Fishman, LLP.

6. Any and all requests or communications, including emails, between the Finn and

Shapiro & Fishman, LLP regarding the transfer of Specialized's files to Shapiro

& Fishman, LLP.

7. Any and all documents relating to the Firm's efforts to comply with requests to

transfer AHMS' files to Shapiro & Fishman, LLP.

8. Any and all documents relating to the Finn's efforts to comply with requests to

transfer Specialized's files to Shapiro & Fishman, LLP.

9. Any and written Finn policies regarding the execution of Stipulations of

Substitution of Counsel in cases where the files are transferred out of the Finn,

including the procedures undertaken upon receipt of such stipulations.

10. Any and all requests or communications, including emails, between the Firm and

Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel for

AHMS' files to Shapiro & Fishman, LLP.

7
RICHMAN GREER, P.A.
Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition

11. Any and all requests or communications, including emails, between the Firm and

.. _.. -Shapiro & ·Fishman, LLP regarding.the execution .of.Stipulations of Counsel for

Specialized's files to Shapiro & Fishman, LLP.

12. Any and all documents relating to the Firm's efforts to execute Stipulations of

Substitution of Counsel in AHMS' cases transferred to Shapiro & Fishman, LLP.

13. Any and all documents relating to the Firm's efforts to execute Stipulations of

Substitution of Counsel in Specialized's cases transferred to Shapiro & Fishman,

LLP.

14. Any and all Firm billing and payment history for AHMS for all files that were

transferred to Shapiro & Fishman, LLP, including invoicing, balance and payment

history.

15. Any and all Firm billing and payment history for Specialized for all files that were

transferred to Shapiro & Fishman, LLP, including invoicing, balance and payment

history.

16. Any documents relating to the Firm's. charging or retaining liens on any AHMS

file that was requested to be transferred to Shapiro & Fishman, LLP.

17. Any documents relating to the Firm's charging or retaining liens on any

Specialized file that was requested to be transferred to Shapiro & Fishman, LLP.

8
RICHMAN GREER. P.A.
Miami- west Palm Beach
/<?
v,ilil
I
.·. .
/,)

~ ,

IN THE CIRCUIT COURT OF THE 17TH


JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY \

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 (D CJ )


Plaintiff, .

v.
d'
~ ( ....
THE LAW OFFICES OF DAVID ~t1 ~ .~
1. STERN, P.A., ~.~ ~
~~~.:"""\
\~. ,/
~,......~ ~ _oJ,
(:)<2.::~::,
Defendant.
/
~~,:;:...
~.....,)..-:-,
~:,c~·~; -~
--
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~
~
~
------------------------------~ ;-~o cP- \
~C1-a .-
AGREED ORDER ON PLAINTIFF'S MOTION TO COMPEL THE DEPOSIT1tffrOF~
DAYID J. STERN AND AWARD SANCTIONS y

THIS CAUSE, having come before the Court upon Plaintiffs Motion to Compel the

deposition of David 1. Stem and Award Sanctions, and the Court having been advised that the

parties have agreed to the entry of this order, and otherwise being fully advised in the premise, it

is hereupon:

ORDERED AND ADJUDGED that David J. Stem is to appear for his deposition on

November 6,2009 at 10:00 a.m. at the McNab Executive Center, 1000 West McNab Road, Suite

150, Pompano Beach, Florida 33309. Plaintiff reserves the right to seek sanctions for David

Stem's failure to appear at the prior noticed deposition on September 25. 2009.

~AND ORDERED in Chambers, Fort Lauderdale, Broward County, FI


J:6-!- day of October, 2009.

Copies furnished to:


Gerald Richman, Esquire, 250 Australian Avenue South, Sui 1504, West P each, Florida 33401
Jeffrey Tew, Esquire, Four Seasons Tower, 15 th Floor, 1441 Bn ue, Miami, Florida 33131
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 062009CA031905AXXXCE


SHAPIRO & FISHMAN, LLP, (DW,04)
Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN, P.A.,

Defendant.

~:o (.11 W
DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COlfrpEL
AND AWARD SANCTIONS

Defendant THE LAW OFFICES OF DAVID J. STERN, P.A. opposes the Motion to

Compel the Deposition of David J. Stem and Award Sanctions filed by Plaintiff SHAPIRO &

FISHMAN LLP and, in support, states:

INTRODUCTION

Plaintiff noticed two depositions for September 25, 2009: (1) Paula Clayton, assistant to

David Stem, at 10:00 a.m.; and (2) David Stem, Defendant's principal, at 1:00 p.m .. Mr. Stem

later learned that he would be unable to attend his deposition due to a conflict. Stem's counsel

timely notified the Plaintiff, through their attorney, of the conflict and hoped to reschedule.

Plaintiffs attorney, however, refused.

The next day, Ms. Clayton's deposition went forward as planned. Plaintiffs counsel,

Defendant's counsel, and Ms. Clayton all were present. Mr. Stem, though, did not appear, just

as he had indicated. Plaintiff s counsel "appeared" anyway. Based on her "appearance" at Mr.

TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Stem's cancelled deposition and the time spent preparing, Plaintiffs counsel now moves to

compel Mr. Stem's deposition and for sanctions.

ARGUMENT

Because Plaintiff s motion to compel is moot, and -because Plaintiff's motion for

sanctions is unwarranted, the requested relief should be denied.

1. Plaintiff's Motion to Compel is Moot

Judicial resources are scarce, especially these days. Discovery disputes, in particular, are

not the best use of these scarce resources. That is why, under most circumstances, Florida Rule

of Civil Procedure 1.380 requires a party to confer with opposing counsel before filing a motion

to compel. See Fla. R. Civ. P. 1.380(a); Fla. R. Civ. P. 1.380(d).1 That way, the parties can

resolve any lingering dispute without the need for court intervention.

This case is a reminder of why that Rule exists. Plaintiff moved to compel Mr. Stem's

deposition on October 12. Only days later, the parties rescheduled his deposition for November

6. Because the requested relief has already been obtained without court intervention, a motion to

compel is unwarranted. There is nothing to compel.

2. Plaintiff's Motion for Sanctions is Unwarranted

As for sanctions, these too are unwarranted. Sanctions are not permitted if a party's (or a

party representative's) failure to attend a deposition was ')ustified" or if "other circumstances

make an award of expenses unjust." Fla. R. Civ. P. 1.380(d)? In this case, not only was Mr.

Stem's absence justified, but an award of expenses would be unjust.

1 In this case, the Rules do not appear to require Plaintiff to confer with opposing counsel regarding non-attendance
at a deposition. Nevertheless, conferring would have saved the judicial resources involved here. Thus, while the
letter of the law perhaps was satisfied, the spirit of the law was not.
2 In her motion, Plaintiff does not articulate the theory upon which she seeks sanctions. Given these facts, it appears
that Plaintiff may be seeking sanctions under either Rule 1.380(d) or under the Court's "inherent authority" to
sanction attorneys. See Moakley v. Smallwood, 826 So. 2d 221, 226-27 (Fla. 2002). To the extent that Plaintiff
relies on the latter, sanctions are only available upon a showing of bad faith. Id. No such showing has been made
here.

2
TEW CARDENAS LLP
Four Seasons Tower. 15th Aoor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
First, Mr. Stem's absence was justified. After the deposition had been scheduled, Mr.

Stem learned that he had a conflict and his counsel advised Plaintiffs counsel that he could not

attend. Plaintiffs counsel did not attempt to reschedule the deposition but instead appeared and

a
filed motion to compel without attempting to reset'the deposition.

But, in any event, Plaintiff suffered no damages and incurred no additional expenses as a

result of Mr. Stem's absence. As noted above, another deposition, that of Paula Clayton, was

scheduled for the same day at the same location. As a result, all expenses attendant to Mr.

Stem's deposition were required for Ms. Clayton's deposition; as a practical matter, they would

have been paid anyway. For example, Plaintiffs counsel needed to travel to the location of Ms.

Clayton's deposition; no additional travel time was required for Mr. Stem. Likewise, Plaintiffs

counsel needed to obtain the services of a court reporter for Ms. Clayton's deposition. In short,

Plaintiff has offered no evidence of any additional costs she incurred by virtue of Mr. Stem's

non-appearance. See Walker v. Senn, 340 So. 2d 975, 977 (Fla. 1st DCA 1976) (affirming the

trial court's refusal to award sanctions because the record contained insufficient evidence of

what costs were incurred). Sanctions, therefore, are inappropriate.

Recognizing as she must that Mr. Stem's cancellation produced no additional costs,

Plaintiffs counsel instead requests sanctions to compensate her for time spent preparing for the

deposition. Again, such sanctions are unnecessary. Whatever preparation Plaintiffs counsel

previously undertook to prepare for Mr. Stem's deposition (drafting a witness outline,

assembling exhibits, etc.) will be equally useful when Plaintiff deposes Mr. Stem in two weeks.

CONCLUSION

For these reasons, Defendant respectfully requests that this Court deny Plaintiffs motion

to compel (which is moot) as well as Plaintiffs motion for sanctions (which are unwarranted).

3
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131·3407 • 305-536-1112
Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

By:~jL---I------!'~ _ _ _ __
FFREY A. TEW
Florida Bar No. 121291
ANDREW B. THOMSON
Florida Bar No. 057672

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been served via U.S. Mail and

facsimile on October ~, 2009, to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Riclunan Greer, P.A., 250 Australian Avenue South, Suite 1504, West Palm Beach, Florida

33401.

By: f}4C (~
EFFREY A. TEW

532204.1

4
TEW CARDENAS LLP
Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, Rorida 33131-3407· 305-536-1112
.;:". ..
:.'

IN THE CIRCUIT COURT OF THE 17TH


JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 <1

Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,
~~
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SECOND RE-NOTICE OF TAKING DEPOSITION -:nS.'"" ~
6:::: c.J'\
(date and time change) .~~

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:

Name Date and Time Place

David Stem November 6, 2009 McNab Executive Center


@ 10:00 a.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon orai examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions .. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are permitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Second Re-Notice of Taking Deposition

Respectfull y yours,

RICHMAN-GREER, P.A.
Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561~2~;l'08

By:
_'t:?~,1'/-"'---<"" ,. .
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Second Re-Notice of Taking
i'Z.....",,-J
Deposition has been served via facsimile and U.S. Mail on this ~J day of October, 2009

upon: Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL

33131. "
" .
,','
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LEORA'B. FREIRE
cc: Debra Duran & Associates

2
RICHMAN GREER, P.A.
Miami- west Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -- (jJ


Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,

Defendant.
-------------------------------~/
NOTICE OF TAKING DEPOSITION OF DEFENDANT'S RULE 1.310(b)(6) WITNESS
AND REQUEST FOR PRODUCTION OF DOCUMENTS

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131

PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil

Procedure, the undersigned attorneys will take the deposition of:

DEPONENT

a representative or representatives of Defendant, The Law Offices of David J. Stem., P.A., with

the most knowledge of the matters set forth in "Exhibit A" is to appear with any

documents/writings set forth in "Exhibit B."

DATE & TIME


October 28,2009 at 10:00 a.m.

PLACE
McN ab Executive Center
1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

will continue from day to day until completed. You are hereby notified to appear and take part
in said examination
. _
as you may be advised, and as shall be fit and proper. r---)
C' c:,:::) n
This deposition is being taken for the purposes of discovery, for use as pri~_evi$nce,;o
-~-. C) C'l
or for such other purposes as are permitted under the applicable Statutes or Rules o~urt. ~ S
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Respectfully yours, o~
-,;:-

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608
\

By:
---------------------------
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Taking Deposition

has ~een served via facsimile and U.S. Mail on this \ C(1t day of October, 2009 upon: Jeffrey
A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131.

·Ay--
LEO~REIRE
cc: Debra Duran & Associates

2
RICHMAN GREER, P.A.
Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

Exhibit A

Pursuant to Rule 1.31 O(b)(6) of the Florida Rules of Civil Procedure, The Law Offices of

David J. Stem, P.A. ("Finn") shall produce those persons with the most knowledge concerning

the following subject matters of inquiry:

1. Firm policy regarding file intake, including the manner which files and documents

are received by the Finn and Finn procedures upon receipt of new files.

2. Finn policy regarding the handling of original documents provided to the Finn by

the dient relating to its files, including the intake of those original documents, the

procedures upon receipt of those original documents, and the physical

maintenance of those original documents.

3. Firm's handling of the original documents for American Home Mortgage

Servicing, Inc. 's ("AHMS") files.

4. Finn's handling of the original documents for Specialized Loan Servicing's

("Specialized") files.

5. Any and all requests or communications, including emails, -received by the Finn

from AHMS regarding the transfer of any of its files to Shapiro & Fishman, LLP.

6. Any and all requests or communications, including emails, received by the Finn

from Specialized regarding the transfer of any of its files to Shapiro & Fishman,

LLP.

3
RICHMAN GREER, P.A.
MIami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

7. Any and all requests or communications, including emails, received by the Finn

from Shapiro &-Fishman, LLP regarding- the transfer of AHMS' files.to Shapiro .

& Fishman, LLP.

8. Any and all requests or communications, including emails, received by the Finn

from Shapiro & Fishman, LLP regarding the transfer of Specialized's files to

Shapiro & Fishman, LLP.

9. Any and all Firm efforts to comply with requests to transfer AHMS' files to

Shapiro & Fishman, LLP.

10. Any and all Firm efforts to comply with requests to transfer Specialized's files to

Shapiro & Fishman, LLP.

11. Firm policy regarding the execution of Stipulations of Substitution of Counsel in

cases where the files are transferred out of the Firm, including the procedures

undertaken upon receipt of such stipulations.

12. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel

for AHMS' files to Shapiro & Fishman, LLP.

13. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel

for Specialized's files to Shapiro & Fishman, LLP.

14. Any and all Firm efforts to execute Stipulations of Substitution of Counsel in

A.HMS' cases transferred to Shapiro & Fishman, LLP.

4
RICHMAN GREER, P.A.
Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

15. Any and all Firm efforts to execute Stipulations of Substitution of Counsel in

Specialized's-eases transferred to--Shapiro & Fishman, LLP r

16. Firm hilling and payment history for AHMS for all files that were transferred to

Shapiro & Fishman, LLP, including invoicing, balance and payment history.

17. Firm hilling and payment history for Specialized for all files that were transferred

to Shapiro & Fishman, LLP, including invoicing, balance and payment history.

18. Any Firm charging or retaining liens on any _.c\HMS file that was requested to be

transferred to Shapiro & Fishman, LLP., including the monetary amounts of any

such liens.

19. Any Firm charging or retaining liens on any Specialized file that was requested to

be transferred to Shapiro & Fishman, LLP., including the monetary amounts of

any such liens.

5
RICHMAN GREER, P.A.
Mlaml. West Palm Beach
Shapiro & Fishman v. David 1. Stern
Case No. 09031905
Notice of Taking Deposition

Exhibit B

You are requested to produce Rule 1.310(b)(~ depositions-set.forth above not only those

writing in your possession, custody or control at the time of deposition, but also those writings

also reasonably available to you, including those in the possession, custody or control of your

attorneys, agents or any other persons action on their behalf.

You are requested to produce all writings and forms in the same order as they were kept

prior to this notice to produce.

In the event you are able to produce some of the writings called for in each particular

request, please produce all writings you are able to produce.

If you object to a request as overbroad when a narrower version of the request would not

be objectionable, please provide all documents responsive to the narrower version:

1. Any and all written Firm policies regarding file intake, including the manner

which files and documents are received by the Firm and Firm procedures upon

receipt of new files.

2. Any and all written Firm policies regarding the handling of original documents

provided to the Firm by the client relating.to its files, including the intake of those

original documents, the procedures upon receipt of those original documents, and

the physical maintenance of those original documents.

3. Any and all requests or communications, including emails, between the Firm and

ARMS regarding the transfer of any of AHMS' files to Shapiro & Fislunan, LLP.

6
RICHMAN GREER. P.A.
Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

4. Any and all requests or communications, including emails, between the Firm and

Specialized regarding the . transfer. of any. of -Specialized~s files to .. Shapiro &

Fishman, LLP.

5. Any and all requests or communications, including emails, between the Finn and

Shapiro & Fishman, LLP regarding the transfer of ARMS' files to Shapiro &

Fishman, LLP.

6. Any and all requests or communications, including emails, between the Firm and

Shapiro & Fishman, LLP regarding the transfer of Specialized's files to Shapiro

& Fishman, LLP.

7. Any and all documents relating to the Firm's efforts to comply with requests to

transfer ARMS' files to Shapiro & Fishman, LLP.

8. Any and all documents relating to the Finn's efforts to comply with requests to

transfer Specialized's files to Shapiro & Fishman, LLP.

9. Any and written Finn policies regarding the execution of Stipulations of

Substitution of Counsel in cases where the files are transferred out of the Firm,

including the procedures undertaken upon receipt of such stipulations.

10. Any and all requests or communications, including emails, between the Firm and

Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel for

ARMS' files to Shapiro & Fishman, LLP.

7
RICHMAN GREER, P.A.
Miami. west Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition

11. Any and all requests or communications, including emails, between the Finn and

. -- _ .. Shapiro & .Fishman, LLP regarding. the execution of Stipulations-of-Counsel for

Specialized's files to Shapiro & Fishman, LLP.

12. Any and all documents relating to the Finn's efforts to execute Stipulations of

Substitution of Counsel in ARMS' cases transferred to Shapiro & Fishman, LLP.

13. Any and all documents relating to the Finn's efforts to execute Stipulations of

Substitution of Counsel in Specialized's cases transferred to Shapiro & Fishman,

LLP.

14. Any and all Firm billing and payment history for ARMS for all files that were

transferred to Shapiro & Fishman, LLP, including invoicing, balance and payment

history.

15. Any and all Firm billing and payment history for Specialized for all files that were

transferred to Shapiro & Fishman, LLP, including invoicing, balance and payment

history.

16. Any documents relating to the Firm's charging or retaining liens on any ARMS

file that was requested to be transferred to Shapiro & Fishman, LLP.

17. Any documents relating to the Firm's charging or retaining liens on any

Specialized file that was requested to be transferred to Shapiro & Fishman, LLP.

8
RICHMAN GREER, P.A.
Miami- West Palm Beach
l
IN THE CIRCUIT COURT OF THE 17TH
~J'
~\ // ....
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

, SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v. ..~ .
THE LAW OFFICES OF DAVID
1. STERN, P .A.,

Defendant.
I
I

PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DAVID J. STERN AND


AWARD SANCTIONS

Plaintiff, SHAPIRO & FISHMAN, LLP ("the Shapiro Fiml"), by and through its

undersigned counsel, hereby moves the Court for entry of an Order compelling the deposition of

David J. Stem ("Stem") and awarding sanctions for Stern's failure to appear at a prior noticed

deposition, and in support, Plaintiff states as follows:

1. After much coordination between the undersigned and counsel for Defendant, Jeffrey

Tew ("Tew"), on September 9th, the deposition of David J. Stem was noticed for the mutually agreed

upon date of September 25, 2009, at 1:00 p.m. See Notice of Deposition, attached hereto as Exhibit A.

2. On the day prior to Stern's scheduled deposition, on September 24th, Tew's assistant

called the undersigned to unilaterally cancel the deposition of Stern. When questioned regarding the

reason for the cancellation, the undersigned was simply advised thal Stern has a conflict.

3. The undersigned advised that the deposition would not be cancelled without a reasonable

and legitimate basis. No reason was ever provided to the undersigned to explain the conflict or provide

any legitimate basis for the attempted unilateral last minute cancellation of the deposition.

4. In response, Tew's assistant advised that she would file a Motion for Protective Order.

However, no such motion was ever filed or served on behalf of Stem.

RICHMAN GREER, P.A.


MIami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Plaintiffs Motion to Compel the Deposition of David J. Stern and Award Sanctions

5. The following day, the undersigned appeared for deposition of Stern. Stern did not

appear .and had not .obtained a protective order. See Certificate of Non-Appearance,. attached hereto as

Exhibit B.

6. Despite his non-appearance, the undersigned had already spent time preparing for the

deposition of Stern, incurring significant cost for Plaintiff.

WHEREFORE, Plaintiff, Shapiro & Fishman, LLP, respectfully requests that this Court compel

David J. Stern to appear for a deposition and award sanctions to Plaintiff, and for such other and further

relief as this court deems just and proper.

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys/or Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 80~
Fax~2:160 .
By:
GE DF. RI AN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTfFJCATI~ OF SERc/J~R.

I hereby certify that a true and correct copy of the foregoing Plaintiffs Motion to Compel

Deposition of David J. Stem and Award Sanctions has been served via facsimile and U.S. Mail upon

Jeffrey A. Tew, Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131-3407, this

~W\day of October, 2009.


By:
LEORA B. FREIRE

2
RICHMAN GREER, P.A.
Mlamle West Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN", LLP, CASE NO.: 09031905

"" Plaintiff, . -" - -

v.

THE LAW OFFICES OF DAVIn


J. STERN, P.A.,

Defendant.
----------------------------~/
NOTICE OF TAKING·DEPOSITION

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131

PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped

deposition of:

Name Date and Time Place

David Stern September 25, 2009 McNab Executive Center


@ 1:00 p.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral ex~~ination pursuant to Florida Rules of Civil Procedure~ before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are pennitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami- Weat Palm Beach

Exhibit A
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Taking Deposition - David Stem

Respectfully yours,

RICHMAN-GREER, P.A.
Attorneys for Plaintifft
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: ~~#II.
GERALD F.~MAN
= ___
~
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Taking Deposition

has been served via facsimile and U.S. Mail on this OtlfM day of September, 2009 upon:
Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave.,

cc: Debra Duran & Associates

2
RICHMAN GREER. P.A.
MIami- West Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v.
THE LAW OFFICES OF DAVID
1. STERN, P.A.,

Defendant.
----------------------------~/
RE-NOTICE OF TAKING DEPOSITION
(corrected notice)

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131

PLEASE T AK.E NOTICE that the undersigned attorneys will take the deposition of:

Name Date and Time Place

David Stem September 25, 2009 McNab Executive Center


@ 1:00 p.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court report~r or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are permitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami. Woa. Palm Bosch
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Re-Notice of Taking Deposition - David Stem

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: ~
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Re-Notice of Taking

Deposition has been served via facsimile and U.S. Mail on this \ O~ay of September, 2009

upon: Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL

33131.

LEORA B. FREIRE
cc: Debra Duran & Associates

2
RICHMAN GREER, PA
MIami- Wast Palm B.gach
Page 1
1 IN THE SEVENTEENTH JUDICIAL CIRCUIT COURT
IN AND FOR BROWARD COUNTY, FLORIDA
2 CASE NO.: 09031905
3

4 SHAPIRO & FISHMAN, LLP,


5 Plaintiffs,
vs. CERTIFICATE OF
6 NON-APPEARANCE
THE LAW OFFICES OF DAVID
7 J. STERN, P.A.,
8 Defendant.

9
10
ORIGINAL
Friday, September 25, 2009
11 Pompano Beach, Florida
1-2

13
14
15
16

17
18
19
'·1
20
21
22
23
24
25

Debra Duran & Associates


561-313-8000
Exhibit 6
Page 2
1 STATE OF FLORIDA
COUNTY OF PALM BEACH
2

3 I, Barbara Gallo, a Registered Merit


4----Reporter-Certified Realtime Reporter, for the State of
5 Florida at Large, do hereby certify that, pursuant to
6 Notice of Taking Deposition filed in the above-named
7 cause, DAVID STERN failed to appear at
8 1000 West McNab Road, Suite 150, Pompano Beach,

9 Florida, Friday, September 25, 2009 at 1:00 p.m.


10 I FURTHER CERTIFY that I was prepared to
11 report in shorthand the deposition of said witness and
12 that at 1:30 p.m. was excused by the attorney for the
13 Plaintiffs.
14 WITNESS my hand and official seal in the
15 County of Palm Beach, State of Florida, this 5th day of

16 October, 2009.
17

18

19 Barbara Gallo
20 Registered Merit Reporter
21 Certified Realtime Reporter
22

23

24
25

Debra Duran ,.
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION ~

SHAPIRO & FISHMAN, LLP,


CASE NO~009CA031925AXX8CE (O~ , ~n UJ n
S;::-n 0 ;0
); ::0 ?-
_.\/-.,., c-J
~
c->
c:
Plaintiff, 6c.:.-
("')-r..• :
N -- - \
o (" I ::.:. Cf'

vs. %~~'~" ~ ~
:<~'6:> -
.." C'l;IJ
.- 0 0 N.- "
THE LAW OFFICES OF DAVID J. STERN, P.A., DC(./) 0 ~
~'%J ,-'\
0:'-' -
"?
Defendant.

DEFENDANT'S MOTION FOR PROTECTIVE ORDER

Defendant THE LAW OFFICES OF DAVID J. STERN, P.A. moves, under Florida Rule

of Civil Procedure 1.280(c), for a protective order regarding the Notice of Deposition and

Request for Production served by Plaintiff SHAPIRO & FISHMAN LLP and, in support, states:

INTRODUCTION

On October 19, 2009, Plaintiff noticed the deposition of Defendant's corporate

representative for October 28, 2009. The Notice, which is attached as Exhibit A, also required

the production of documents at the deposition. This Notice is objectionable in two respects.

First, the Notice requires the production of documents at the deposition although that

deposition was to take place only nine days later.

Second, the Notice requires Defendant to produce a representative with knowledge of

Specialized Loan Servicing, a former client of Defendant that, under Plaintiff s Complaint, has

no connection to the underlying dispute.

Based on these two infirmities, Defendant seeks a protective order.

TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
ARGUMENT

Protective orders are governed by Rule 1.280(c). Under that Rule, "the court in which

the action is pending may make any order to protect a party or person from annoyance,

embarrassment, oppression, or undue burden of expense that jUsfice-requires." Fla. R. Civ. P.

1.280(c). The decision to grant a protective order is committed to the sound discretion of the

trial court. Rasmussen v. South Florida Blood Service, Inc., 500 So. 2d 533, 535 (Fla. 1987).

Plaintiff's discovery request is unduly burdensome for two reasons: (1) the request for

production attempts to circumvent the time for production provided in Rule 1.350; and (2) the

Notice of Rule 1.31 O(b)(6) Deposition seeks testimony regarding irrelevant matters. A

protective order, therefore, is appropriate.

1. Plaintiff's Request/or Production is an Undue Burden because it Violates Rule 1.350

First, Plaintiffs request for production violates Rule 1.350. Although parties are

permitted to request production of documents at a deposition, such requests must comply with

Rule 1.350. Specifically, Rule 1.310, which governs depositions, states in part that "[t]he notice

to a party deponent may be accompanied by a request made in compliance with rule 1.350 for the

production of documents and tangible things at the taking of the deposition." Fla. R. Civ. P.

1.3l0(b)(5). That same section goes on to state, however, that "[t]he procedure of rule 1.350

shall apply to the request." Id. Rule 1.350(b), in turn, provides that a party has thirty days to

respond: "[t]he party to whom the request is directed shall serve a written response within 30

days after service of the request." Fla. R. Civ. P. 1.350(b).

Plaintiff, however, attempts to circumvent this time period. Scheduling the Defendant's

deposition for nine days later - while simultaneously requesting the Defendant to produce

documents - deprives the Defendant of the tinle to gather and produce the documents provided

2
TEW CARDENAS LLP
Four Seasons Tower, 15th Aoor, 1441 Brickell Avenue, Miami, Aorida 33131-3407 • 305-536-1112
in Ru le 1.350. For that reason, the request is unduly burdensome, and a protective order is

necessary.

2. Plaintiff's Rule J.3JO(b)(6) Deposition Seeks Testimony of Irrelevant Matters

Second, Plaintiffs Noti ce reqllests that Defendant produce "those persons with the most

know ledge conceming the following subj ect matters of inquiry." The fourth such matter of

inquiry is "[the Defendant's] handling of the ori ginal documents for Specialized Loan

Servicing's ('Spec ialized') files." Matters of inquiry numbers 6, 8, 10, 13 , 15, 17, and 19 also

reference Specialized. But because this action involves files relating to American Home

Mortgage Servicing, Inc., and not Specialized Loan Serv icing, Plaintiff should not be permitted

to question Defendant about Specialized.

Plaintiffs own Comp laint reflects that Specialized Loan Servicing is not the proper

subject of deposition testimony. This action involves the transfer of client files from fo rmer

counsel (Defendant) to current counsel (Plaintiff). The on ly client files in question, however, are

those relating to American Home Mortgage Servicing. (Compl.'l 10.) Indeed, the only client

mentioned in the Complaint is American Home Mortgage Servicing. (Compl.'l 10.) (defining

American Home Mortgage Servicing singu larly as "the Client."). To be sure, Plaintiff only

requests the transfer of "American Home Mortgage Servicing, Inc. 's files." (Com pI. 4.)

At no point in its Comp laint does Plaintiff mention Specialized Loan Servicing.

Accordingly, because thi s action relates only to American Home Mo rtgage Servicing,

Plaintiff should likewise be restl1cted in its questioning to Ameri can Home Mortgage Servicing.

Shou ld Plainti ff desire testimony regarding Specialized Loan Servicing, it should amend its

pleadings.

3
rEW CARDENAS LLP
Four Seasons Tower, 15th Roor. 1441 Brickell Avenue, Miami , Ronda 33131·3407 • 305-5 36- 111 2
CONCLUSION

Because Plaintiff s request for production seeks to curtail the time provided for

responding, and because their notice of deposition signals the Plaintiffs intention to seek

testimony regarding irrelevant matters, this Court should impose -a protective order. .Once

Plaintiff s request for production is corrected to allow thirty days for production, this Court

should likewise correct the Notice of Deposition in order to prevent the Defendant from having

to appear twice (once for the deposition itself, and again for the production). Accordingly,

Defendant respectfully requests this Court to fashion the protective order to compel the

deposition and production at the same time.

CERTIFICATION OF GOOD FAITH

The undersigned certifies that the undersigned conferred with opposing counsel and that a

good faith attempt was made to resolve this dispute without court intervention.

Respectfully submitted,

TEW CARDENAS LLP


Counsel for Defendant
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131
Telephone: (305) 536-1112
Facsimile: (305) 536-1116

B .~~~~ ____________________
EFFREY A. TEW
Florida Bar No. 121291
ANDREW B. THOMSON
Florida Bar No. 057672

4
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131-3407 • 305-536-1112
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been served via U.S. Mail and

facsimile on October ~, 2009, to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,

Richman Greer, P .A., 250' Australian Avenue South, Suite 1504, West Palm Beach,' Florida

33401.

By:~~~~ ____________________

532327.1

5
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
OCT.19.2009 13:17
#39'67 P.002 /009

IN THE CIRCUIT COURT OF THE 17TH


JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

Plaintiff,

v.
THE LAW OFFICES OF DAVID
J. STERN, P.A.,

Defendant
__________________________ ~I

NOTICE OF TAKING DEPOSmON OF DEFENDANT'S RULE 1.310(b)(§) WITNESS


AND REQUEST FOR PRODUCTION OF DOCUl\{ENTS

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil
Procedure, the undersigned attomeys will take the deposition of:
DEPONENT
a representative or representatives of Defendant, The Law Offices of David J. Stem, P .A., with
the most knowledge of the matters set forth in "Exhibit A" is to appear with any
documents/writings set forth in "Exhibit B."

DATE & TIME


October 28, 2009 at 10:00 a.m.

PLACE
McNab Execadve Center
1000 West McNab Road, Suite 150
. Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination

ructtMAN GReER. PoA.


MiamI. Wctt Palm Beacn

.~.~
.~
.:. DEFENDANT'S
. - . .- ..
i :. EXHIBIT'
.~; 'A
I
OCT.19.2009 13:17
#3967 P.003 /009

Shapiro & Fishman v. David 1. Stern


Case No. 09031905
Notice of Taking Deposition

will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for usc as primary evidence,
or for such other pwposes as are pennitted under the applicable Statutes or Rules 'of Court.

Respectfully yours,

RICHMAN GREER, P.A-


Attorneysfor Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Bea~ FL 33401
Te1e: (561) 803-3500
Fax: (561) 820-1608

By:
-------------------------
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby' certify that a true and correct copy of the foregoing Notice of Tala'ng Deposition

has been served via facsimile and U.S. Mail on this \ gJ11 day of October, 2009 upon: Jeffrey

A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave.) 15th Floor, Miami, FL 33131.

.~
cc: Debra Duran & Associates

2
RICHMAN GReeR~ P.A.
Miami. w~t PalJ1\ Baeh
OCT.19.2009 13:18
#3967 P.004 /009

Shapiro & Fishman v. David J. Srem


Case No. 09031905
Notice of Taking Deposition

E~hibitA

Pursuant.t~Ru1e 1.310(b)(6) of the Florida RuJes of Civil Procedure, The Law Offices of

David J. Stem, P.A. ("Firm") shall produce those persons with the most knowledge concerning

the following subject matters of inquiry:

1. Firm policy regarding file intake, including the manner which files and documents

are received by the Finn and Fixm procedures upon receipt of new files.

2. Film policy regarding the handling of original domnnents provided to the Finn by

the client relating to its files, including the intake of those original documents, the

. procedures upon receipt of those original documentS, and the physical

maintenance of those original documents.

3. Firm's handling of the original documents for American Home Mortgage

Servicing, Inc.' s ("AliMS") files.

4. Firmts handling of the original doCuments for Specialized Loan Servicing's

(~Specia1ized") files.

5. Any and all requests or communications, including emails, received by the Finn

from ARMS regarding the transfer of any of its files tc? Shapiro & Fishman, LLP.

6. Any and all requests or communications, including emails, received by the Finn

from Specialized regarding the transfer of any of its files to Sbapiro & Fishman,

LLP.

3
RICHMAN GREER, P.A..
l&ami. W9$t p*, Beodl
OCT.19.2009 13:18
#3967 P.OOS /009

Shapiro & Fishman v. David J. SEem


Case No. 09031905
Notice of Taking Deposition

7. Any and all requests o~ ~mmUDications, including eID:ails, received by the Finn

from Shapiro & Fis~an, LLP regarding the transfer of AHMS' files to Shapiro

&: Fishman, LLP.


8. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the transfer of Specialized's files to

Shapiro & Fishman, LLP.

9- Any and all Finn efforts to comply with requests to transfer AHMS' files to

Shapiro & Fishman, LLP.

10. Any and all Firm efforts to comply with requests to transfer Specialized's files to

Shapiro & Fishman, LLP. -

11. Finn policy regarding the execution of Stipulations of Substitution of cOunsel in

cases where the files are transferred out of the Finn, including the procedures

undertaken upon receipt of such stipulations.

12. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel

for AHMS' files to Shapiro & Fishman, LLP.

13. Any and all requests or communications, including emails, received by the Firm

from Shapiro & Fishman, LLP -regarding the execution of Stipulations of Counsel

fQr Specialized's files to Shapiro & Fishman, LLP.

14. Any and all Firm efforts to execute Stipulations of Substitution of Counsel in

.."JiMS' cases transferred to Shapiro & Fishman, LLP.

4
RICHMAN GREER. P.A.
r.fWni. West Palm Beac"
OCT.19.2009 13:18
#3967 P.006 /009

Shapiro & Fishman v. David J. Stern


Case No. 09031905
Notice 9fTaking Deposition

IS. Any and all Finn efforts to execute Stipulations of Substitution of Counsel in

Specialized's cases.transferred to Shapiro & Fishman, LLP.

16. Firm billing and payment history for AHMS for all files that were transferred to

'Sbapiro & Fishman, LLP, including invoicing, balance and payment history.

17. Firm billing and payment history for Specialized for all files that were transferred

to Shapiro & Fishman, LLP, including invoicing, balance and payment history.

18. Any Firm chargin~ or retaining liens on any AHMS file that was requested to·be

transferred to Shapiro & Fishman, LLP., including the monetary amounts of any

such liens.

19. Any Firm cbarging or retaining liens on any Specialized file that was requested to

be transferred to Shapiro & Fishman, LLP", including the monetary amounts of

any such liens.

5
R'Cl-4MAN GREER, PA
MIaInI· ~ Palm Beech

. ..
;
OCT.19.2009 13:18
#3967 P.007 /009

Shapiro & Fishman v. David J. Stern


Case No. 09031905
Notice of Taking Deposition

ExhibitB

You are requested to produce Rule 1.310(b)(6) depositions set forth above not only those

writing in yom possession, custody or control at the tune of deposition, but also those writings

also reasonably available to you, including those in the possession, custody or control of your

attorneys, agents or any other persons action on thejr behalf.

You are requested to produce all writings and fonns in the same order as they were kept

prior to this notice to produce.

1n the event you are able to produce some of the writings called for in each particular

request please produce all writings you are able to produce.

If you object to a request as overbroad when a narrower version of the request would not

be objectionable, please provide all documents responsive to the narrower version:

1. Any and all written Finn policies regarding file intake, including the manner

which files and documents are received by the Finn and Finn procedures upon

receipt of new files.

2. Any and all written Firm. pOlicies regarding the handling of original documents

provided to the Firm by the client relating to its files, including the intake of those

original documents, the procedures upon receipt of those original documents, and

the physical maintenance of those original documents.

3. Any and all requests OT communications, including emails, between the Finn and

ARMS regarding the transfer of any of AHMS' files to Shapiro & Fishman, LLP.

6
RICHMAN GREER. P.A.
Ml3rN • West.PaJm Boach
OCT.19.2009 13:18
#3967 P.008 /009

Shapiro & Fishman v. David J. Stem


Case No. 09031905
Notice of Taking Deposition

4. Any and all requests or comDlanications, including em.ails, between the Finn and

Specialized regarding the transfer of any of Specialized's files to Shapiro &

Fishman, LLP.

S. Any and all requests or communications, inCluding cmails, between the Firm and

Shapiro & Fishman, LLP regarding the transfer of ARMS' files to Shapiro &

Fishman, LLP ~

6. Any and all requests or communications, including emails, between the Finn and

Shapiro & Fishman, LLP regarding the transfer of Sp~ciaIizecPs files to Shapiro

& Fishman, LLP.

7. Any and all documents relating to the Finn's efforts to comply with requests to

transfer AHIv.{S' files to Shapiro & Fishman, LLP.

8. Any and an documents relating to the Finn's efforts to comply with requests to

transfer Specialized's files to Shapiro & Fishman, LLP.

9. Any and written Finn policies regarding the .execution of Stipulations of

Substitution of Counsel in cases where the files are transferred out of the Firm,

including the procedures undertaken upon receipt of such stipulations.

10. Any and all requests or communications, including emails, between the Fjnn and

Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel for

AHMS~ files to Shapiro & Fishman, LLP.

7
fUCHMAN GREER. P.A.
r.tbmj • West Palm Be8Ch
OCT.19.2009 13:18
#3967 P.009 /009

Shapiro & Fishman. v. David J. Stern


Case No. 09031905
Notice of1'aking Deposition

11. Any and all requests or communications, including emails, between the Firm and

Shapiro & Fislnnan, LLP regarding the execution of Stipulations of Counsel for

Specializedts files to Shapiro & Fishman, LLP.

12. Any and all documents relating to the Finn's efforts to execute Stipulations of

Substitution of Counsel in AHMS' cases transferred to Shapiro & Fjshman, LLP.

13. Any and all documents relating to the Finn's efforts to execute Stipulations of

Substitution of Counsel in Specialjzeii's cases transferred to Shapiro & F~sbman,

LLP.

14. Any and all Firm billing and payment history for AHMS for all files that were

~sferred to Sbapiro & Fishman, LLP, including invoicing, ba1~ce ~d payment

history.

15. Any and all Firm billing and payment history for Specialized for all files that were

transferred to Shapiro & Fislunan, LLP, including invojcing, balance and payment

. history.

16. Any documents relating to the Firmts charging or retai~g liens on any AHMS

file that was requested to be transferred to Shapiro & Fishman, LLP.

17. Any documents relating to the Finn's charging or retaining liens on any

Specialized file that was requested to be transferred to Shapiro & Fishman, LLP.

8
~ICHMAN GREER, P.A.
~. WG6t P:l1m Beach
IN THE CIRCUIT COURT OF THE 17TH

~SHAPIR.O
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FORBROWARDCOUNTY
I

& FISHMAN, LLP, CASE NO.: 09031905/ D'1


. Plaintift~

v.

THE LAW OFFICES OF DAVID Sequence #31


J. STERN, P.A.,

Defendant.
, - - - - - -/

NOTICE OF HEARING
(Uniform Motion Calendar)
----.
-'
-~ .,: .,..--.

TO: Jeffrey Tew, Esq.


Tew Cardenas LLP
1441 BrickeD Ave., 15th Floor
Miami, FL 33131-3407

YOU ARE HEREBY NOTIFIED that the undersigned will call up for hearing the

following:

DATE: October 27, 2009

TIME: 8:45 a.m.

JUDGE: The Honorable David Krathen

PLACE: Broward County Courthouse, Room 1005A, 201 S.E .. 6'1t Avenue, Ft.
I .. audcrdale, FL 33301

SPECIFIC MATTER TO BE HEARD:

PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DAVID J. STERN AND


AWARD SANCTIONS
(Dated October 13, 2009)

RICHMAN GREER, P.A.


MiamI. West Palm BII8Ch
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Hearing

CERTIFICATE OF SERVICE

- --I hereby certify that a true and correct copy of the foregoing Notice of Hearing has been

served via facsimile and U.S. Mail upon: Jeffrey A. Tew, Esq., Tew Cardenas LLP, 1441 Brickell

Ave., 15th Floor, Miami, FL 33131-3407, this ~ day of October, 2009.

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500

FU:~
By:
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

2
RICHMAN GREER. P.A.
Miami. west Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905~j

. Plaintiff,
~

v. ~F
~rr-.
5";; ~:~:
7!"*"
..
.... ." _...
THE LAW OFFICES OF DAVID
1. STERN, P.A.,

Defendant.
_______________________________1
-
-<
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~

NOTICE OF TAKING DEPOSITION

TO: JEFFREY TEW, ESQUIRE


. TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped

deposition of:

Name Date and Time Place

Paula Clayton September 25, 2009 McN ab Executive Center


@ 10:00 a.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are pennitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern tI
Case No. 09031905 _t) I
Notice of Taking Deposition - Paula Clayton

Respectfully yours,

RICHMAN GREER, R.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: ~ .. =~
GERALD F. RICHMAN --.~
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Taking Deposition

has been served via facsimile and U.S. Mail on this 9 t11 day of September, 2009 upon:

Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131.

~-
LEORA B. FREIRE
cc: Debra Duran & Associates

2
RICHMAN GREER, P.A.
Miami- West Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -fj r


Plaintiff,
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RE-NOTICE OF TAKING DEPOSITION
(corrected notice)

TO: JEFFREY TEW, ESQUIRE


TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131

PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:

Name Date and Time Place

David Stem September 25, 2009 McNab Executive Center


@ 1:00 p.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are permitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern . tl
Case No. 09031905 - () I
Re-Notice of Taking Deposition - David Stem

Respectfully yours,

RICHMAN· GREER, P.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: ~-
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Re-Notice of Taking

Deposition has been served via facsimile and u.S. Mail on this 'O-Vl'\day of September, 2009

upon: Jeffrey A. Tew, Esquire., Tew Cardenas LLP~ 1441 Brickell Ave., 15th Floor, Miami, FL

33131.

~.-
LEORA B. FREIRE
cc: Debra Duran & Associates

2
RICHMAN GREER, P.A.
Mlamle West Palm B9ach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -() 1


Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,

Defendant.
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TO: JEFFREY TEW, ESQUIRE


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'P
s;:- '"
TEW CARDENAS, LLP
1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEAS E TAKE NOTICE that the undersigned attorneys will take the deposition of:

Name Date and Time Place

Paula Clayton September 25, 2009 McN ab Executive Center


@ 10:00 a.m. 1000 West McNab Road, Suite 15(}r
Pompano Beach, FL 33309
-
upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper
This deposition is being taken for the purposes of discovery, for use as primary evidence,
or for such other purposes as are permitted under the applicable Statutes or Rules of Court.

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. David J. Stern
Case No. 09031905_0f
Re-Notice of Taking Deposition - Paula Clayton

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500

F~:r~
By:
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Re-Notice of Taking

Deposition has been serv~ via facsimile and U.S. Mail on this \~day of September, 2009
upon: Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL

33131.

cc: Debra Duran & Associates

2
RICHMAN GREER. P.A.
Miami. West Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905·...,01

. Plaintiff,

v.

THE LAW OFFICES OF DAVID Q


I"':'

;O~' toO:':' :~ ':J


J. STERN, P.A., or '-.: ~"
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TO: JEFFREY TEW, ESQUIRE CD

TEW CARDENAS, LLP


1441 BRICKELL AVE., 15TH FLOOR
MIAMI, FL 33131
PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped

deposition of:

Name Date and Time Place

David Stern September 25, 2009 McNab Executive Center


@ 1:00 p.m. 1000 West McNab Road, Suite 150
Pompano Beach, FL 33309

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court reporter or
any other Notary Public or officer authorized by law to take depositions. Said oral examination
will continue from day to day until completed. 'You are hereby notified to appear and take part
in said examination as you may be advised, and as shall be fit and proper.
This deposition is being taken for the purposes of discovery, for use as primary ~Vldence,
or tor such other purposes as are pennitted under the applicable StaPltes or Rules of Court.

RICHMAN GREER, PA.


Miami. West Palm Beach
Shapiro & Fishman v. David J. Stern "I--
Case No. 09031905 ...,i)
Notice of Taking Deposition - David Stem

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500
Fax: (561) 820-1608

By: ~h.. =
GERALD F. RI HMAN
m

Florida Bar No.: 066457


LEORA B. FREIRE
Florida Bar No.: 0013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Taking Deposition

has been served via facsimile and U.S. Mail on this OttIM day of September, 2009 upon:
Jeffrey A. Tew, Esquire., Tew Cardenas LLP, 1441 Brickell Ave., 5th Floor, Miam' L 33131.

cc: Debra Duran & Associates

2
RJCHMAN GREER, P.A.
Miami- West Palm Beach
IN THE CIRCU.Ll' COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.: 09-031905 D\V \:)\


SHAPIRO & FISHMAN, LLP,

Plaintiff,

vs.

THE LAW OFFICES OF DAVID J. STERN, P.A.

Defendant.
------------------------------~/

ANSWER OF THE LAW OFFICES OF DAVID J. STERN, P.A.

The Defendant Law Offices of David J. Stem, P.A. (hereafter "Stem") answers the

Complaint as follows:

1. Stem admits the allegations of paragraphs 1, 3, 4, 5, 6, 9, 10, 13, 16, 17, 18.

2. The Defendant is without knowledge sufficient to answer and therefor denies the

allegations of paragraphs 2, 8, 29.

3. Stem denies the allegations of paragraphs 7, 11, 12, 15, 16, 19, 20, 22, 23,24, 25,

26, 28, 30, 31, 32.

4. As to the allegations of paragraph 14, Stem"admits it is not owed any fees or costs

on the files referenced in the Complaint but denies all of the remaining allegations of paragraph

14.

5. As to the allegations of paragraphs 21, 27 Stem repeats his answers to paragraphs

1-20.

6. Having fully answered the Complaint, Stem asserts the following defenses:

527361.1 TEW CARDENAS LLP


Four Seasons Tower, 15th Floor, 1441 Brickell Avenue. Miami. Florida 33131-3407 • 305-536-1112
7. Stem has never refused to turn over and has, or is in lue process of, returning all

of original notes or other documents that are legally the property of the client pertaining to the

foreclosure files at issue in this case.

8. The Complaint fails to state a cause of action in that it seeks to obtain possession

of Stems case file including "correspondence, pleadings, legal research, appraisals and title

work" (see Complaint paragraphs 12). As a matter of law these documents are property of the

attorney rather than the client and Stern was and is under no duty to turn them over to the

Plaintiff.

9. The Complaint fails to state a cause of action for interference with a business

relationship in that Stem was and is legally justified in withholding the documents it withheld

since those documents are, as a matter of law, the property of Stem and it was and is under no

legal duty to tum them over to the Plaintiff.

WHEREFORE, Stem moves the Court for an Order dismissing the Complaint with

prejudice and awarding Stem its costs and attorneys fees in defending this action.

TEW CARDENAS LLP


Attorneys for Defendant
Four Seasons Tower
1441 Brickell Avenue, 15 th Floor
Miami, Florida 33131-3407
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
,/

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
U.S. Mail and facsimile this 21 st day of July, 2009 to: Gerald F. Richman, Esq., Richman Greer,
P.A., One Clearlake Centre - Suite 1504, 250 Australian A enue South, West Palm Beach, FL
33401. /.
By: r.J

TEWC~ASLLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
f
I/-~
S
..

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL


~eed CIRCUIT OF FLORIDA, IN AND FOR BROWARD
~c;e\'A"· COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 ( q)


. .Elaintiff, . " .._

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,

Defendant.
/
----------.------------------~

NOTICE OF FILING RETURN OF SERVICE

Plaintiff, SHAPm.O & FISHMAN, LLP, by and through its undersigned counsel, hereby gives
notice of filing a Return of Service that was served upon The Law Offices of David J. Stem, P.A. with the
clerk of the above styled court, which is attached hereto.
Respectfully submitted,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, Florida 33401
Telephone: (561) 803-3500
Facsimile: (561) 820-1608
I~.,,;
By:
"'"'' 1-----,.,

GERALD F. RICHMAN
Florida Bar No. 066457
LEORA B. FREIRE
Florida Bar No. 013488

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct r=r~f the foregoing Notice of Filing Return of
Service has been sent via facsimile and U.S. Mail, this day of June, 2009, to Forrest G. McSurdy,
Esq., Law Offices of David J. Stem, P.A., 900 South Pine Island Road, Suite 400, Plantation, FL 33324

By:_~~;?VL~_
LEORAB. FREIRE
......_.""..-_-_ _

RICHMAN GREER. P.A.


Miami- West Palm Beach
RETURN OF SERVICE

State of Florida County of Broward 17th Circuit Court

Case Number: 09-031905

. Plaintiff:
SHAPIRO & FISHMAN LLP
vs.
Defendant:
THE LAW OFFICES OF DAVID J. STERN PA.

For:
Gerald Richman
Richman Greer P A
250 Australian Avenue
Suite 1504
West Palm Beach, FL 33401

Received by Rock LegaJ Services & Investigation on the 10th day of June, 2009 at 5:12 pm to be served on The
Law Office of David J. Stern By serving its registered agent David J. Stem, 900 S. Pine Island Rd, Suite 400,
Plantation, FL 33324.

I, Paul Cooney, do hereby affirm that on the 11th day of June, 2009 at 12:09 pm, I:

served a CORPORATION by delivering a true copy of the Summons, Complaint, Emergency Motion for
Injunction and Notice of Filing Affidavit of Barry Fishman with the date and hour of service endorsed thereon
by me, to: Beverly McComas as Managing Attorney for The Law Office of David J. Stem, at the address of:
s.
900 Pine Island Rd, Suite 400, Plantation, FL 33324, and informed said person of the contents therein, in
compliance with state statutes.

I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in
g~od standing, in the judicial circuit in which the process was served.

Paul Cooney
Special Process Server #917

; Rock Legal Services & Investigation


2048 Ponce De Leon Avenue
West Palm Beach, FL 33407
(561) 296-7574

Our Job Serial Number: 2009001123

Copyright" 1992·2006 Database SemCE!S, Inc.· Placess Serve(s Toolbox V6.2w

PDF created with pdfFactory trial version www.pdffactory.com


IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 . ~


Plaintiff, .

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NOTICE OF HEARING ':P U1
(Uniform Motion Calendar)

TO: David J. Stern, Esq.


Law Offices of David J. Stern, P.A.
900 South Pine Island Road
Suite 400
Plantation, FL 33324

YOU ARE HEREBY NOTIFIED that the undersigned will call up for hearing the

following:

DATE: June 18, 2009

TIME: 8:30 a.m.

JUDGE~ The Honorable David Krathen

PLACE: Broward County Courthouse, Room 518, 201 S.E. 6th Avenue, Ft.
Lauderdale, FL 33301

SPECIFIC MATTER TO BE HEARD:

EMERGENCY MOTION FOR INJUNCTION


(Dated June 8, 2009)
Shapiro & Fishman v. David J. Stern
Case No. 09031905
Notice of Hearing
Page 2 of2

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Hearing has been

served via facsimile upon Forrest G. McSurdy, Esq., Law Offices of David J. Stem, P.A., 900 South

Pine Island Road, Suite 400, Plantation, FL 33324, this W a y of June, 2009.

Respectfully yours,

RICHMAN GREER, P.A.


Attorneys for Plaintiffs
250 Australian Avenue South, Suite 1504
West Palm Beach, FL 33401
Tele: (561) 803-3500

F~~
By:
GERALD F. RICHMAN
Florida Bar No.: 066457
LEORA B. FREIRE
Florida Bar No.: 0013488

1:\52820\pleadings\noh - emerg mol - 3400472.doc


IN" THE CIRCUIT COURT OF THE 17TH
runICIAL C1RCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

CASE NO.:09-031905 (09)

. SHAPIRO & FISHMAN, LLP

Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A.,

Defendant.
/
---------------------------------------------------~

AGREED ORDER ON PLAINTIFF'S EMERGENCY MOTION FOR INJUNCTION

THIS CAUSE, having come before the Court upon Plaintiffs Shapiro & Fishman, LLP's

("Plaintiff,) Motion for Emergency Injunction, and the Court having been advised that the parties

have agreed to the entry of this order, and otherwise being fully advised in the premise, it is

hereby ORDERED AND ADruDGED as follows:

1. The Defendant The Law Offices of David J. Stern, P .A. ("Defendant") shall

produce the files it maintains for the 82 cases set for in Schedule "A," attached to this Order, (the

"Transferred Cases") in the following manner and ~y the following deadlines:

a. Original loan documents: The original loan documents (including but

not limited to original promissory notes) relating to the Transferred Cases are property of

American Home Mortgage Servicing, Inc. ("American") and must be transferred to Plaintiff as

counsel for American. To date, the Defendant has located original loan documents in 39 of the

82 cases and will deliver loan documents in these 39 cases to the Plaintiff on or before Tuesday,

June 23, 2009. As to the remaining 43 cases, Defendant will diligently search for original loan

RICHMAN GREER, PA

Miami. West Palm Beach


documents and advise Plaintiff whether such documents are in Defendant's possession on or

before Friday, June 26, 2009. If additional original loan documents are located they will be

delivered by the Defendant and to the Plaintiffno later than Friday, June 26, 2009.

b.Electronic Files: The-Defendanfwill proVide- access to its· electronic files

for all Transferred Cases in which it maintains electronic files, on or before Wednesday, June 24,

2009. Access will be made via a tenninal located at Defendant's office at which Plaintiffs

representative(s) may review the electronic files relating to the Transferred Cases under the

supervision of Defendant's representative(s). The electronic ·files will be reviewable and

retrievable by either: (i) case number; (ii) loan number; or (iii) borrower, to assist in Plaintiff's

review of the electronic files. Plaintiffs representative(s) under the supervision of Defendant's

representative(s), is permitted to download any content contained in the electronic files it so

desires creating an electronic copy of the same. To the extent necessary, Defendant will make

the access terminal available to Plaintiffs representative(s) under the supervision of Defendant's

representative(s) for additional days as necessary to review the electronic files.

c. Paper Files: To the extent Plaintiff determines that the electronic files of

the Transferr~d Cases are not adequate, Plaintiff is entitled to review the hard copies of the files

relating to the Transferred Cases and Defendant must make the same available for all Transferred

Cases requested by Plairitiff and to Defendant by correspondence to be sent to Defendant on or

before June 26, 2009. Thereafter, and no later than July 6,2009, Defendant will make available

for review at its office any paper files requested by Plaintiff. At Plaintiffs sole discretion, it may

copy any part of the hard copy files relating to the Transferred Cases. Plaintiff will be

responsible for the charges associated with retrieving and copying the hard files.

2. It is expected that in the near future, Plaintiff will receive approximately 15 new

-2-
cases currently being handled by, and in the possession of, Defendant. The parties hereby agree

to fully cooperate in providing a list of these matters and responding to same by providing full

production for these files as set forth herein with the applicable deadlines to be detenmned

hereafter. The parties will act in good faith in all future file transfers.

DONE AND ORDERED this Vday of June, 2009, in Chambers at Broward County,

Florida

cc: counsel of record

-3-
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROW ARD COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO.:

Plaintiff,
".- '
v. c:)
~,

....c. C)

THE LAW OFFICES OF DAVID '-c: ~o


C-)
c::
J. STERN, P.A., ....:0 -<

Defendant.
;>
~1:
"<
------------------------~/
!:>.
C)
ClVIL ACTION

SUMMONS

THE STATE OF FLORIDA:

To Each Sheriff of said State:

YOU ARE HEREBY COMMANDED to serve this Summons, a copy of Plaintiff's


Complaint and Emergency Motion for Injunction,..in this action on said Defendant, THE LAW
OFFICES OF DAVID J. STERN, P.A. ~ t..)ot\c.e ~"-'-I ;~

By serving:

REGISTERED AGENT:
DAVID J. STERN
900 S. PINE ISLAND RD., SUITE 400
PLANTATION, FL 33324

Defendant is required to serve written defenses to the Plaintiffs Complaint on Gerald F.


Richman, Esq., Richman Greer, P.A., Plaintiff's attorneys, whose address is:

O ne Clearlake Cen tre - Suite 1504


250 Australian Aven ue South
West Palm Beach, FL 33401
Telephone: (561) 803-3500
Facs imile: (561) 820-1608

within 20 days after service of this Summons on Defendant, exclusive of the day of service,
and to file the original of the defenses with the Clerk of this Court either before service on
Plaintiffs attorneys or immediately thereafter. If the Defendant fails to do so, a default will be
entered against that Defendant for the relief demanded in the Conlplaint.

WITNESS my hand and the Seal of said Court this day of June, 2009.
---=~~~

JUN 0 82009j

[COURT SEAL]

Gerald F. Richman, Esq.


Richman Greer, P.A.
One Clearlake Centre - Suite 1504
250 Australian Avenue, South
\Vest Palm Beach, FL 33401
Telephone: (561) 803-3500
Facsimile: (561) 820-1608
IMPORTANT

A lawsuit has been filed against you. You have twenty (20) calendar days after this summons is
served on you to file a written response to the attached Complaint in this Court. A phone call will
not protect you; your written response, including the above case number and named parties, must
be filed if you want the Court to hear your case. If you do not file your response on time, you
may lose the case, and your wages, -money and property may thereafter be taken without further
warning from the Court. There are other legal requirements. You may want to call an attorney
right away. If you do not know an attorney, you may call an attorney referral service or a legal
aid office (listed in the phone book). If you choose to file a written response yourself, at the same
time you file your written response to the Court, you must also mail or take a carbon copy or
photocopy of your written responses to the "PlaintiffIPlaintiffs Attorney" named below:

IMPORTANTE

Usted ha side demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta
notificacion, para contestar la llamada telefonica no 10 protegera; si usted desea que el tribunal
incluyendo el numero del caso y las partes interesadas en dicho caso. Si usted no contesta la
demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades,
o privado de sus derechos, sin previo aviso del trunal. Existen otros requisitos legales. Si 10
desea, puede abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la
guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta
su respuesta ante el tribunal, debera usted enviar por correo 0 entregar una copia de su respuesta
a la persona denominada abajo como "PlaintiffIPlaintiffs Attorney" (Demandate 0 Abogado del
Demanadante).

IMPORTANT

Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir
de la date de l'a.ssignation de cette citation pour deposer une reponse ecrita a la plainte ci-jointe
aupres de ce Tribunal. Un simple coup de letelphone est insuffisant pour vous proteger; VOllS etes
oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom
des parties nommees ici, si vous souhaitez que Ie Tribunal entende votre cause. S1 vous ne
deposez pas votre reponse ecrite dans Ie relai requis, vous risquez de perdre la caus ainsi que
votre salaire, votre argent, et vos biens peuvent etre saisais par la suite, sans aucun preavis
ulterieur du Tribunal. II y a d'autres obligations juridiques et vous pouvez requerir les services
immediats d'un avocat. Si vour ne connaissez pas d'avocat, vous pourriez telephoner a un service
de reference d'avocoats ou a un bureau d'assistance juridique (figurant a l'annuaire de
telephones). Si vous choisissez de deposer vous-metne une reponse ecrite, il vous fa.udra
egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie au carbone
ou une photocipie de votre reponse ecrite au "PlaintifflJ>laintiffs Attorney" (Plaignant ou a son
avocat) natlL.'lle ci-dessous.
RETURN OF SERVICE

State of Florida County of Broward 17th Circuit Court

Case Number: 09-031905

Plaintiff:
SHAPIRO & FISHMAN LLP
- vs.
Defendant:
THE LAW OFFICES OF DAVID J. STERN P.A.

For:
Gerald Richman
Richman Greer P.A.
250 Australian Avenue
Suite 1504
West Palm Beach, FL 33401

Received by Rock Legal Services & Investigation on the 10th day of June, 2009 at 5:12 pm to be served on The
Law Office of David J. Stern By serving its registered agent David J. Stern, 900 S. Pine Island Rd, Suite 400,
Plantation, FL 33324.

I, Paul Cooney, do hereby affirm that on the 11th day of June, 2009 at 12:09 pm, I:

served a CORPORATION by delivering a true copy of the Summons, Complaint, Emergency Motion for
Injunct~on and Notice of Filing Affidavit of Barry Fishman with the date and hour of service endorsed thereon
by me, to: Beverly McComas as Managing Attorney for The Law Office of David J. Stern, at the address of:
900 S. Pine Island Rd, Suite 400, Plantation, FL 33324, and informed said person of the contents therein, in
compliance with state statutes.

I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in
good standing, in the judicial circuit in which the process was served.

(/7?2J~
Paul Cooney
Special Process Server #917

Rock Legal Services & Investigation


2048 Ponce De Leon Avenue
West Palm Beach, FL 33407
(561) 296-7574

Our Job Serial Number: 2009001123


-)

JS'S~
Copyright Cl1GG2·2000 Database Services, Inc.• Process Server's Toolbox V6.'2:oN
·~ FORM 1.997 CIVIL COVER SHEET

( &'" -,,_..
\ "/'
!he civil co~er
sheet and the informati~n
contained her~in
neit?er rep.lace nor supplement the filing
'. d servIce of pleadmgs or other papers as requIred by law. TIus form IS requIred for the use of the Clerk of
\' Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. (See instructions
\\ on the reverse of the form.)

SHAPIRO & FISHMAN, LLP, IN THE CIRCUIT COURT OF THE 17TH


JUDICIAL CIRCUIT OF FLORIDA, IN ·AND FOR
Plaintiff, BROWARD COUN1Y

vs. CASE NO:


JUDGE:
THE LAW OFFICES OF DAVID
J. STERN, P.A.,

Defendant.

D. TYPE OF CASE (place an x in one box only. If the case fits more than one type of case,
select the most defmitive.)

DOMESTIC TORTS
RELATIONS -o
;0

D
D Professional
Malpractice
.. . ,
Simplified Dissolution
o Cond~Um CO

D Dissolution D Products Liability :~s,,:< ~


D Real PfoP~f!r/ r,..)
D Mortgage ~sur&·
D Support - IV-D Auto Negligence :-;0
0.-;
.;:-
J;:'"

0 Support - Non-IV-D D Other Negligence D EminenfDomain

0 URESA-IV-D 181 Other

D URESA-Non-IV-D

D Domestic Violence

D Other Domestic
Relations

----------------------------------------------------------------------
III. Is Jury Trial Demanded in Complaint?

~ Yes D No
SIGNATURE OF ATTORNEY FOR PARTY

DATE: June 8, 2009


~-:---
ifame: Leora B. Freire
Florida Bar No.: 013488
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN
AND FOR BROW ARD COUNTY

SHAPIRO & FISHMAN, LLP, Case #

Plaintiff,

v.
09 0
-. J 19
THE LAW OFFICES OF DAV;p/ 05
J. STERN, P.A.,

Defendant.
------------------------~/
09
COMPLAINT

Plaintiff, SHAPIRO & FISHMAN, LLP (the "Shapiro Firm"), by and through its

undersigned counsel, hereby sues Defendant, LAW OFFICES OF DAVID J. STERN,

P.A. ("Stern" and/or "Defendant"), seeking an injunction, damages, attorneys' fees and

costs, and alleges:


OJ ....,

JURISDICTIONAL AND VENUE ALLEGATIONS ~~. ~


>,_.".
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1. This court has jurisdiction pursuant to Fla. R. Civ. P. 1.610 an'i:\'FI<i. Sftits. ("")
(J
. ' I
en c:

§86.011. :-( ::,:: . -u


. ,-.~_ ::x:
2. At all times material, the Shapiro Finn was and is a lim~Ji~ialllilty ..
6:::::
:>
c-
CJl
partnership organized and existing lmder the laws of the State of Florida.

3 _ At all times material, the Shapiro Firm was doing business in Broward

County, Florida.

4. At all times material, Stern was and is a professional association organized

and existing under the law of the State of Florida.

5. At all times material, Stern was doing business in Broward County, Florida.

c K--S l 0 bJ~c:.. 0 4
P( -
'f/... ( (
Shapiro & Fishman v. '1 ft~ Law Office ofDavid J. Stern
Complaint
Page 2 of6

6. Venue is proper in the Circuit Court for Broward County in that the parties

both do business in Broward County and the causes of action accrued here.

7. All conditions precedent to filing this lawsuit have occurred, been

performed, or been waived.

8. Plaintiff has retained the undersigned law firm to represent it in this lawsuit

and has agreed to pay such firm a reasonable fee for its services.

GENERAL ALLEGATIONS

9. In its legal practice, Stem primarily represents banks and lenders in real

estate foreclosure matters.

10. Stem represented American Home Mortgage Servicing, Inc. (the "Client")

in various cases.

11. On a number of occasions, the Client notified Stem that it was discharged

as counsel and its pending case files were to be transferred to the Shapiro Firm. The

Shapiro Firm has also made repeated requests for the Client files.

12. The Client files should include correspondence, pleadings, legal research

appraisals and title work. Even more importantly, the Client files contain original loan

documents, including the original notes necessary for the foreclosure actions.

13. The Client hired the Shapiro Firm as its legal counsel after Stem's

discharge.

14. Upon information and belief, no fees or costs are outstanding on the

Client's files and no monies are owed to Stem. Despite requests for confirmation of

such, Stem has not responded.

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. 1. /I.e Law Office ofDavid J. Stern
Complaint
Page 3 of6

15. Despite the Client's request for the transfer of its pending case files to the

Shapiro Firm, Stern has refused to transfer the files.

16. On May 7, 2009, the Shapiro Firm sent Stem Stipulations for Substitution

of Counsel that it prepared for all of the Client's files pending with Stem.

17. On May 18, 2009, the undersigned, on behalf of the Shapiro Firm, sent a

letter to Stem demanding the transfer of the Client's files and the return of the executed

Stipulations of Substitution.

18. On or about May 19, 2009, Stem executed the vast majority of Stipulations

of Substitution, which have been filed in the Client's respective cases. Approximately

five StipUlations of Substitution remain outstanding.

19. Despite the filing of the Stipulations of Substitution, Stem continues to

refuse to transfer the Client's files to the Shapiro Firm.

20. Stem has intentionally and maliciously withheld the transfer of the Client's

files to the Shapiro Firm.

COUNT I
MANDATORY INJUNCTION

21. Plaintiff adopts and incorporates by reference paragraphs 1-20 as if fully set

forth herein.

22. There is a substantial likelihood that the Shapiro Firm will succeed on the

merits, as Stem has no right to maintain the Client's files when the Client has retained

new legal counsel and the discharged counsel has no right to a retaining lien.

23. The Shapiro Firm will suffer irreparable harm if Stem does not transfer the

Client's files by the Shapiro Firm's inability to effectively represent the Client and move

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. '.1 "e Law Office ofDavid J. Stern
Complaint
Page 4 of6

the various cases forward. The Shapiro Firm cannot effectively represent the Client

without the original notes, which are necessary for the mortgages foreclosure actions.

24. Furthermore, The Shapiro Firm will not be able to completely recreate the

Client's files. For example, complete correspondence for the files will not be able to be

recreated. Without knowledge as to the individual history and status of the Client's

cases, the Shapiro Firm will not be able to effectively represent the Client and move the

Client's cases forward.

25. The Shapiro Firm will be irreparably harmed and has no available remedy

at law, as damages cannot be quantified for its inability to effectively represent the Client

and move the various Client matters forward.

26. The relief sought will serve the public's interest. Permitting Stem to

maintain the Client's files despite the Client's instructions, without any basis for a

retaining lien, and allowing him to continue interfering with the Shapiro Firm's ability to

effectively represent its client, will disserve the public interest. Rather, maintaining the

right of a client to choose the counsel of its choice and transfer the file containing the

legal work already paid for and belonging to the client, serves the public interest.

WHEREFORE, Plaintiff, SHAPIRO & FISHMAN, LLP, demands entry of a

mandatory injunction requiring Defendant, LAW OFFICES OF DAVID J. STERN. P.A.,

to immediately transfer all of American Home Mortgage Servicing, Inc. 's files to Shapiro &

Fishman, LLP, and such other relief which the Court deems just and proper.

RICHMAN GREER, P.A.


Miami. West Palm Beach
Shapiro & Fishman v. '.1 fte Law Office ofDavid J. Stern
Complaint
Page 5 of6

COUNT II
INTERFERENCE WITH AN ADVANTAGE BUSINESS RELATIONSHIP

27. Plaintiff adopts and incorporates by reference Paragraphs 1 through 20 as if

fully set forth herein.

28. Defendant improperly retained the Client's files despite the Client's

instructions and discharge.

29. The Shapiro Firm and the Client have a business relationship in the form of

an attorney/client relationship.

30. Stem had knowledge of the business relationship between the Client and

the Shapiro Firm as Stem was instructed by the Client to transfer its files to its new

attorneys, the Shapiro Firm.

31. Stem has intentionally and unjustifiably interfered with the business

relationship between the Shapiro Firm and the Client by his attempts to interfere with the

Shapiro Firm's legal representation of the Client.

32. The Shapiro Firm has been damaged by its inability to effectively represent

the Client and move the various Client matters forward.

WHEREFORE, Plaintiff, SHAPIRO & FISHMAN, LLP, demands judgment

against Defendant, THE LAW OFFICES OF DAVID 1. STERN, P.A., for compensatory

and consequential damages, and for such other relief as this Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable.

RICHMAN GREER, P.A


Miami- West Palm Beach
Shapiro & Fishman v. i "e Law Office of David J. Stern
Complaint
Page 60f6

Respectfully submitted,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, Florida 33401
Telephone: (561) 803-3500
Facsimile: (561) 820-1608

By: .c:L~I2~,-------__
GERALD F. RICHMAN
Florida Bar No. 066457
LEORA B. FREIRE
Florida Bar No. 013488

RICHMAN GREER, PA
Mlamle West Palm Beach
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN
AND FOR BROW ARD COUNTY

SHAPIRO & FISHMAN, LLP, Case #

Plaintiff,

v.

THE LAW OFFICES OF DAVID


J. STERN, P.A. ,

Defendant.
------------------------~/
EMERGENCY MOTION FOR INJUNCTION

Plaintiff, SHAPIRO & FISHMAN, LLP ("the Shapiro Firm"), by and through his

undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.61 Q" herebx.,
; J)I,J ~
(;:) r - c::::.
::.:: r;- . ~. "-0
moves the Court for entry of an emergency injunction, and states as follcws: S~, <.....
Cl,-- §
1. '" :Stem'~
In its legal practice, Defendant, The Law Office of David J. Stem J'
-I ~ .
,-:'0-, --u
primarily represents banks and lenders in real estate foreclosure matters. ,=,;::-. 3:
?S2f. r:-:>
2. Stem represented American Home Mortgage Servicing, Inc. (the "f8fent")~

vanous cases.

3. On a number of occasions, the Client notified Stem that it was discharged as

counsel and its pending case fi les were to be transferred to the Shapiro Fim1. The

Shapiro Firm has also made repeated requests for the Client files.

4. The Client files should include correspondence, pleadings, legal research

appraisals and title work. Even more importantly, the Client files contain original loan

documents, including the original notes necessary for the foreclosure actions .

5. The Client hired the Shapiro Firm as its legal counsel after Stem's discharge.
Shapiro & Fishman v. 1,,~ Law Office ofDavid J. Stern
Emergency Motion for Injunction
Page 2 of4

6. Upon infonnation and belief, no fees or costs are outstanding by the Client to

Stem on any files. Despite requests for confirmation of such, Stem has not responded.

7. Despite the Client's repeated requests for the transfer of its pending case files

to the Shapiro Finn, Stern has refused to transfer the files.

8. On May 7, 2009, the Shapiro Finn sent Stem Stipulations for Substitution of

Counsel for all of the Client's files pending with Stem.

9. On May 18, 2009, the ~dersigned, on behalf of the Shapiro Finn, sent a

letter to Stern demanding the transfer of the Client's files and the return of the executed

Stipulations of Substitution.

10. On or about May 19, 2009, Stem executed the vast majority of Stipulations

of Substitution, which have been filed in the Client's respective cases. Approximately

five Stipulations of Substitution remain outstanding.

11. Despite the filing of the Stipulations of Substitution, Stem continues to

refuse to transfer the Client's files to the Shapiro Finn.

12. There is a substantial likelihood that the Shapiro Finn will succeed on the

merits, as Stern has no right to maintain the Client's files when the Client has retained

new legal counsel and the discharged counsel has no right to a retaining lien, nor has it

asserted such lien.

13. The Shapiro Firm will suffer irreparable hann if Stem does not transfer the

Client's files by the Shapiro Firm's inability to effectively represent the Client and move

the various cases forward. The Shapiro Finn cannot effectively represent the Client

without the original notes, which are necessary for the mortgage foreclosure actions.

RICHMAN GREER, P.A.


Miami. West Palm Beach
Shapiro & Fishman v. 11lt: Law Office ofDavid J. Stern
Emergency Motion for Injunction
Page 3 of4

14. Furthennore, The Shapiro Finn will not be able to completely recreate the

Client's files. For example, complete correspondence for the files will not be able to be

recreated. Without knowledge as to the individual history and status of the Client's

cases, the Shapiro Finn will not be able to effectively represent the Client and move the

Client's cases forward.

15. The Shapiro Finn will be irreparably hanned and has no available remedy

at law, as damages cannot be quantified for its inability to effectively represent the Client

and move the various Client matters forward.

16. The relief sought will serve the public's interest. Pennitting Stem to

maintain the Client's files despite the Client's instructions, without any basis for a

retaining lien, and allowing him to continue interfering with the Shapiro Firm's ability to

effectively represent its client, will disserve the public interest. Rather, maintaining the

right of a client to choose the counsel of its choice and transfer the files containing the

legal work already paid for and belonging to the client serves the public interest.

WHEREFORE, Plaintiff, SHAPIRO & FISHI\1AN, LLP, seeks entry of an

emergency injunction requiring Defendant, LAW OFFICES OF DAVID J. STERN. P.A.,

to immediately transfer all of American Home Mortgage Servicing, Inc. 's files to Shapiro

& Fishman, LLP, and such other relief which the Court deems just and proper.

RICHMAN GREER, P.A.


Miami- West Palm Beach
Shapiro & Fishman v. 1 lit' Law Office ofDavid J. Stern
Emergency Motion for Injunction
Page 4 of4

Respectfully submitted,

RICHMAN GREER, P.A.


Attorneys for Plaintiff
250 Australian Avenue South, Suite 1504
West Palm Beach, Florida 33401
Telephone: (561) 803-3500
Facsimile: (561) 820-1608

By:_ _ X4 _ - - __
GERALD F. RICHMAN
Florida Bar No. 066457
LEORA B. FREIRE
Florida Bar No. 013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served with

initial process upon the Defendant, this ~day of June, 2009.

.
By. ~
LEORA B. FREIRE

RICHMAN GREER. P.A.


Miami. West Palm Beach
TN THE CfRCUIT COURT OF THE 17TH JUDICIAL
CIRCU IT OF FLORIDA, TN AND FOR BROW ARD
COUNTY

SHAPIRO & FISHMAN, LLP, CASE NO,:

Plaintiff,

v,

THE LAW OFFICES OF DAYID


09031905
J, STERN, PA,

Defendant
------------------------~/
NOTICE OF FILING AFFIDAVIT OF BARRY FISHMAN

Plaintiff, SHAPIRO & FISHMAN, LLP, by and through iis undersigned counsel, hereby gives

notice of filing the attached affidavit of Barry Fishman dated June 8, 2009, in support of Plaintiffs

Emergency Motion for Injunction, ,.,.,


=
=
Respectfully suhmitted, ""'"
<-
n
c:: :;0
z
RICHMAN GREER, PA ;~ :"
,...: ",

co
I ,"=
Attorneys for Plaintiff :<J
-u
-{
-,
250 Australian Al'enue South, Suite 1 504 :> ;~.. ::It -
.-
West Palm Beach, Florida 3340 1 ~ gi-·
;o .-C,... l r:-:' _'..
Telephone: (561) 803-3500 0:0: .:;-
Facsimile: (56 I) 820- 608 :P en


By: --=~:c:.-=-===-:
GERALD F. RICHMAN
Florida Bar No. 066457
LEORA B. FREIRE
Florida Bar No. 013488

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served with mitial process

upon the Defend~nt, this ~ay of June, 2009.

By:
-----'-:L:-:E~O:::RA B. FREIRE

RICHMAN GREEP., P.A.


Mian11 - WES t PiliIT', Beach
IN THE CIRCUIT COURT OF THE 17TH
runICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY

SHAPIRO & FISHMAN, LLP, Case #

Plaintiff,

v.
TIlE LAW OFFICES OF DAVID
J. STERN, P.A.,

Defendant.
--------------------------~/
AFFIDAVIT OF BARRY FISHMAN

STATE OF FLORIDA:

COUNTY OF fe(l~ a,(;...A··~


BEFORE ME, the undersigned authority, this date appeared, BARRY FISHMAN, being

personally know to me and having taken an oath, deposes and says:

1. This Affidavit is made upon personal knowledge and not upon information or

belief.

2. I am over the age of 18.

3. I am an attorney and the managing partner of Shapiro & Fishman, LLP ("the

Shapiro Firm").

4. Defendant, The Law Offices of David J. Stem, P .A. ("Stem"), represented

American Home Mortgage Servicing, Inc. (the "Client") in various real property foreclosure

cases.
Shapiro & Fishman v. The Law Office ofDavid J. Stern
Affidavit of Barry Fishman
Page 2 of3

5. After the Client discharged Stem and retained the Shapiro Firm, the Shapiro Finn

and the Client made repeated requests for the Client files to be transferred to the Shapiro Finn

from Stem.

6. The Client files should include correspondence, pleadings, legal research

appraisals and title work. Even more importantly, the Client tiles contain original loan

documents, including the original notes necessary to prosecute the foreclosure actions.

7. Stem has not asserted any right to a retaining lien on the Client's files.

8. Stem has refused to transfer the files to the Shapiro Finn.

9. On May 7, 2009, the Shapiro Firm sent Stem Stipulations for Substitution of

Counsel for all of the Client's files pending with Stern.

10. On or about May 19, 2009, Stem executed the vast majority of StipUlations of

Substitution, which have been filed in the Client's respective cases.

11. The Shapiro Finn will suffer irreparable harm if Stem does not transfer the

Client's files by the Shapiro Firm's inability to effectively represent the Client and move the

various cases forward "The Shapiro Firm cannot effectively represent the Client without the

original notes, which are necessary to prosecute the mortgage foreclosure actions.

12. Furthennore, The Shapiro Firm will not be able to completely recreate the

Client's files. For example, complete correspondence for the files will not be able to be

recreated. Without knowledge as to the individual history and status of the Client's cases, the

Shapiro Firm will not be able to effectively represent the Client and move the Client's cases

forward.
Shapiro & Fishman v. The Law Office ofDavid J. Stern
Affidavit of Barry Fishman
Page 3 of3

13. The Shapiro Firm will be irreparably harmed and has no available feIi1edy at law,

as damages cannot be quantified for its inability to effectively represent the Client and move the

various Client matters forward.

FURTHER AFFIANT SAYETH NAUGHT.

~£~
BEFORE ME, the undersigned authority, personally appeared Barry Fishman, who being

first duly sworn, says that he has read the foregoing document, has personal knowledge of the

facts and matters set forth in it, and that each of these facts and matters are true and correct.

Affiant is personally known.

Commission Expires:____________ ;I