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Filing # 113863028 Case 20-22398-MAM Doc 36-3 Filed 12/18/20
E-Filed 09/23/2020 04:36:17 PM Page 9 of 249

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL

CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 502016A009292-XXXXMB (AH)

DMSIONAH
FIRST AMERICAN BANK,

Plain tiff,

v,

LAURENCE S. SCHNEIDER
STEPHANIE L. SCHNEIDER, et. aJ.

Defendants.
I

DEFENDANTS' NOTICE OF FILING HEARING TRANSCRIPTS ON PLAINTIFF'S

MOTION TO COMPEL COMPLIANCE WITH THE COURT'S JUNE 23Ro ORDER

DEFENDANTS, LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER (the

"SCHNEIDERS"), pro se litigants, hereby file their Notice of Filing Hearing Transcript on

Plaintiffs Motion To Compel Compliance With The Court's June 23 rd Order, dated August 20,

2020., attached.

L AURENCE SCHNEIDER, Pro Se

17685 Circle Pond Court
Boca Raton, FL 33496
Tel : 561 -322-5103
E mail: 1any@sacapitalpartners.com
Secondary:
Jordyn.schneider I 998@gmail.com

DE 598
 Case 20-22398-MAM Doc 36-3 Filed 12/18/20 Page 10 of 249

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
served via the Florids Court's E-filing Portal Automatic Email Service pursuant
to Florida Rule of Judicial Administration 2.516, on trus Zl3 day of
September, 2020, to Aleksandra Novakovich Gonzalez, Esq.,
(foreclosures@ssclawfirm.com), Sachs, Sax Caplan, Attorneys for The Oaks at
Boca Raton POA, Inc., 6111 Broken Sound Parkway, N. W, #200, Boca Raton, FL
33487; Geoffrey M. Cahen, Esq. (geoff@cahenlaw.com) Cahen Law, P.A., 1900
Glades Road, Suite 270, Boca Raton, Florida 33431; and John W. Keller, Ill,
( jkeller@kellermesa.com), Keller & Mesa, LLP, Attorneys for First American
Bank, 121 Majorca Avenue, #200, Coral Gables, FL 33134.

:__::::0
<=:: -=

Laurence Schneider, Pro Se ==--

 Case 20-22398-MAM Doc 36-3 Filed 12/18/20 Page 11 of 249 3
1
1 (Thereupon, the following proceedings
2 IN THE CIRCUIT COURT OF
THE FIFTEENTH JUDICIAL CIRCUIT 2 were had:)
3 IN AND FOR PALM BEACH COUNTY, FLORIDA
3 THE COURT: Good morning .
4 CASE NO.: 502016-CA-009292 4 MR. KELLER, III: Good morning, your
5 DIVISION AH 5 Honor. John Keller of Keller & Mesa on behalf

6 6 of First American Bank.

FIRST AMERICAN BANK, as MR. SCHNEIDER: Good morning. Larry
7 successor by merger to Bank of 7
Coral Gables, LLC, 8 Schneider on behalf of myself.
8
Plaintiff, 9 THE COURT: And for the court reporter,
9
v. 10 if at any time you ' re having any difficulty
10 hearing any of the participants, please
11
LAURENCE S. SCHNEIDER,
11 STEPHANIE L . SCHNEIDER, et al., 12 interrupt.
12 Defendants. 13 THE COURT REPORTER: I will. Thank you,

13 -------------------------------' 14 your Honor.

15 THE COURT: You're welcome.
14
Remote Audio-Video Communication 16 The hearing is o n First American Bank's
15 Pursuant to Supreme Court of Florida
Adm i nistrative Order No. AOSC20-23 17 motion to compel compliance with the Court"s
16
Thursday, August 20, 2020 18 June 23rd order.
17 19 MR. KELLER, III: If I may, your Honor.
8:30 a.m . - 9:20 a.m.
18 20 THE COURT: Yes, you may. Thank you.

19 21 MR. KELLER, III: Judge, first I need to

20 The above-entitled cause came on for 22 note for the record that only Lawrence Schneider
21 hearing before the Honorable Judge Lisa Small, 23 has made an appearance. There are two
22 reported by Paula D. Pace, RPR, Notary Public for
23 the State of Florida at Large. 24 defendants pro se in this case, Laurence
24
25 25 Schneider and Stephanie Schneider. Am I
2 4
1 APPEARANCES:
1 correct, Mr. Schneider, that Stephanie Schneider
2
ON BEHALF OF THE PLAINTIFF: 2 is not appearing today?
3 KELLER & MESA, LLP 3 MR. SCHNEIDER: She is supposed to.
121 Majorca Avenue, #200 4 She ' s in Indiana taking my son to school, but
4 Coral Gables, Florida 33134
5 she's not on the call. I -- I'm here, so, yeah,
BY: John W. Keller, III, Esquire
5 6 I don't th i nk she entered an appearance, I think
ON BEHALF OF THE DEFENDANT: 7 by default, but honestly I'm still new with all
6 LAURENCE S. SCHNEIDER
8 this, so let' s just continue on . I don't know
La rry@saca pita I partners.com
7 17685 Circle Pond Court 9 the answer to that legally.
Boca Raton, Florida 33486 10 THE COURT: Mr. Schneider, you're
8 BY: Laurence S. Schneider, Pro Se 11 representing yourself right now?
12 MR. SCHNEIDER: Right.
9 Also Present: Brenda Gleason, JA .
10 13 THE COURT: And your wife,
11 14 Mrs. Schnelder, is representing herself as well,
12
15 so today's hearing was properly noticed and you
13
14 16 are present so you may represent yourself during
15 17 the hearing, but not your wife .
16 18 Mr. Keller, you may proceed.
17
19 MR. KELLER, III: Thank you, your Honor.
18
19 20 Judge, as a preliminary matter, the property was
20 21 foreclosed and the certificate of title has been
21 22 issued now to First American Bank. And may I
22
23 ask your Honor If your division is currently
23
24 24 conducting writs of possession?
25 25 THE COURT: Is issuing wr i ts of
1 of 9 sheets Pace 1 to 4 of 20 08/25/2020 07:28:50 PM
 Case 20-22398-MAM Doc 36-3
5 7
1 possession?
2 MR. KELLER, III: Yes, issuing orders
3 for writs of possession.
4 THE COURT: Yes.
5 MR. KELLER, III: Okay, thank you.
6 Judge, we're --
7 THE COURT: Let me just, there are
8 certain exceptions, but the answer is yes,
9 right.
10 MR. KELLER, III: And I understand we
11 still have to file a motion. I just wanted to
12 make sure there wasn't a blanket cessation of
13 writs of possession.
14 THE COURT: No, we're followi ng the
15 administrative orders of the Florida Supreme
16 Court and we're also following the other
17 legislation as it relates to residential
18 evictions. So there are, you know, there are
19 exceptions of course.
20 MR. KELLER, III: Understood.
21 THE COURT: But there's no blanket
22 prohibition.
23 MR. KELLER, III: Thank you, your Honor.
24 Judge, your order dated June 23rd set deadlines
25 preliminary to us participating in an
6 8
1 evidentiary hearing on First American Bank' s
2 motions for fees, costs and expenses. And at
3 the time that order was entered, the Schneiders
4 were represented by counsel. The order set
5 deadlines and the deadline required First
6 American Bank to have provided the identity of
7 our expert as well as the provision of all of
8 our billing invoices to the Schneiders and we
9 did that before their counsel withdrew.
10 We further discussed with Attorney
11 Wyman, representing the Schneiders, on July 2nd
12 the need for compliance with the deadlines. He
13 affirmed that he was aware of those deadlines
14 and that the efforts were being made to comply
15 with them.
16 On July 15th, your Honor granted the
17 Schneiders' counsel's motions to withdraw and
18 the lawyers representing the Schneiders and
19 their law firms were excused from the 19
20 r epresentation and granted leave to withdr aw. 20
21 Again on July 16th, Judge, we provided 21
22 the identification of First American Bank' s 22
23 expert, Scott Hawkins. And that' s not news 23
24 because as you know, Scott Hawkins has been the 24
25 expert witness on fees in this case and 25
08/25/2020 07:28:50 PM Pace 5 to B of 20
Filed 12/18/20 Page 12 of 249
1 participated i n the prior two-day evidentiary
2 hearing.
3 And in addition, we confirmed that all
4 the billing invoices have been p r ovided to
5 defendant's counsel and had been filed with the
6 Court and they're available off the Court's
7 docket as well.
8 By August 5th the Schneiders were
9 required to provide us with line-by-line
10 objections pursuant to your order, as well as
11 the identity of their expert. They have not
12 done so.
13 And today was the day that your Honor
14 set for us conducting -- it's not really a
15 mediation, but it's the meeting to require the
16 experts, counsel for the parties and the parties
17 in order to streamline, if you will, the
18 evidentiary hearing. And so that was to occur
19 today. No arrangements could be made to do that
20 today because the defendant's failures to comply
21 with your Honor's order prevents us from
22 discussing their specific objection, prevents us
23 from jointly preparing and submitting the report
24 by August 31st, which was also required by the
25 Court order and there's no ability to narrow the
1 issues.
2 So, Judge, we're asking that you please
3 enter an order today that requires them to
4 comply with Your honor's order again and to
5 provide the line item objections and the experts
6 by August 26th, that if they're compliant with
7 that, that we conduct the meeting required by
8 September 2nd and that the joint report be
9 required by September 10th. Failing which, if
10 they don't comply with any one of these stages,
11 that the sanctions that you iterated in your
12 initial order take place to where their
13 objections will be barred to the billing
14 statements, they will not be allowed to call
15 witnesses and they will not be able to submit
16 exhibit. And that concludes my discussion.
17 THE COURT: Mr. Schneider, you may
18 respond.
MR. SCHNEIDER: Okay. So I don't even
understand a couple of the things that Mr.
Keller was asking for. I did understand that my
attorneys withdrew and I was present at that
hearing. And actually I had an e-mail from Mr.
Wyman a few weeks before that, telling us that,
you know, that the foreclosure is on August 3rd
2 of 9 sheets
 Case 20-22398-MAM
9 11
1 unless it gets extended by the developer. So as
2 you know, you allowed them to withdraw on
3 July 15th and, not being an attorney and trying
4 to make heads or toes of this, we were relieved
5 that we had a little more time to try to get all
6 of this together. And like we said, we were
7 surprised that this went to sale, based on Mr.
8 Wyman's prior e- mail before he withdrew.
9 They had done, both Wyman and Rodman had
10 done all the prior work on this. I'm not
11 familiar with the sanctions part and basically
12 we're trying to f i gure out just exactly what
13 we' re supposed to do, not even, I mean, I'm
14 trying to get an attorney and quite honestly
15 I've spoken to a few attorneys and they actually
16 advised me that former counsel had been
17 threatened with sanctions a few times.
18 I actually just found that former
19 attorney for Keller &. Bolz, Henry Bolz, filed a
20 bar complaint against another attorney that I
21 had in the federal case. And quite frankly, the
22 few people I spoke to, I'm getting some
23 information to understand, but no one yet Is
24 willing to even step into this case. And again,
25 you know, it's obviously been chaotic at my
1 house because all of this came as a surprise.
2 Especially the sale.
3 So we're just in total free fall here
4 and I don't understand what's even to do. I
S wasn't pro se during all of the first attorney
6 hearings, but I was advised that -- well, and I
7 attended the trial, that Attorney Bolz had filed
8 several notices of unavailability and he was
9 going to be out of the country. That actually
10 wasn't - - you didn't recall --
11 THE COURT: Mr. Schneider - -
12 MS. GLEASON: Your Honor, we're over
13 time.
14 THE COURT: I understand.
15 MR. SCHNEIDER: I don't understand what
16 I ' m supposed to do.
17 THE COURT: So the reason I'm
18 interrupting you i s to answer that question.
19 MR. SCHNEIDER: Okay.
20 THE COURT: So I'm looking at your court
21 file on the computer. Your first point of
22 reference that tells you what to do Is the
23 lune 23, 2020 amended order setting the
24 plaintiff First American Bank's motion for
25 assessment of attorney's fees and costs and
3 of 9 sheets
Doc 36-3 Filed 12/18/20 Page 13 of 249
1 expenses on the calendar period September 14th
2 to October 9th.
3 In this June 23, 2020 order it sets
4 forth what each party is supposed to do as it
5 relates to preparation for the attorney's fee
6 hearing that will be conducted during that
7 period of time, September 14th to October 9th.
8 So for example, first step was for the
9 Plaintiff First American Bank to produce the
10 billing worksheets that they are seeking time
11 for, okay. And then the next step -- and also
12 disclosing -- well, then the next step is for
13 the responding party to set forth specific
14 objections to the time entries and so on.
15 It's a detailed order, two pages in
16 content, that sets forth the deadlines. Where
17 we are right now is that your, the nonmoving
18 party, the party objecting to the fees, you're
19 required to provide line item legal objections
20 to the extent you have objections to the fees.
21 So that's what needs to be done. And
22 then you also, If you're going to be retaining
23 an expert to oppose the fees, then you need to
24 disclose who that is.
25 So I'm going to -- and I understand you
10 12
1 are attempting to obtain an attorney. I note
2 that your former attorney Mr. Wyman, he filed
3 his motion to withdraw on July 7th and then we
4 had the hearing on July 15th when the withdrawal
5 occurred. So we're now one month from that
6 time, it's now August 20th -- well, we're less
7 than a month out until when you can be called
8 for the fee hearing.
9 This Is what I 'm going to do. I'm
10 extending the time -- now you need to get a copy
11 of, if you don't have your file, but you need to
12 get a copy of the June 23, 2020 order that tells
13 you what to do to prepare for the fee hearing.
14 That's number one.
15 You'll have an extension of time to
16 provide your objections. And it's not just, I
17 object to their billing, the billing is
18 excessive, for example. I 'm not saying that's
19 true or false. It's just you can't give a
20 general objection. It has to be specific.
21 Your prior attorney, Mr. Wyman, did a
22 very o r ganized job in addressing specific
23 objections and so you presumably have the copies
24 of that and you were present for the prior fee
25 hearing, so that's a point of reference on how
Pace 9 to 12 of 20 08/25/2020 07:28:50 PM
 Case 20-22398-MAM Doc 36-3
13
1 to address this.
2 MR. SCHNEIDER: Well, I don't have --
3 THE COURT: I'm extending the time for
4 your compliance to the following dates. I'm
5 going to push out the dates to the following,
6 this case would be subject to call starting
7 October 1st for that, just in October, and you
8 will comply with the order by -- you'll give
9 your specific objections by September 8th and at
10 the same time disclose who your expert is, if
11 you're going to have an expert. 11
12 MR. SCHNEIDER: Is there a way that we 12
13 can get this, there's hundreds of redactions. I 13
14 did, you know, I tried to do a little bit of 14
15 work to try to see what I could understand on my 15
16 own. Obviously, I don't know if you've seen it 16
17 yet -- 17
18 THE COURT: To the extent you can object 18
19 to it on that basis. If you're saying that the 19
20 redaction is a problem and that there's not an 20
21 adequate description of what occurred in order 21
22 for them to be -- in order for the other side
23 to -- if that's a concern or an objection, then
24 you can raise that and specifically objecting to
25 that time entry.
14
1 So we're on the UMC right now and I do,
2 as my JA has indicated, we do have a number of
3 cases still to call, but let me just stay on
4 task. Right now where I'm at is that the
5 nonmovant, the Schneiders, will have until
6 September 8th to provide the specific
7 objections, disclose your expert witness.
8 Next, the parties will have a conference
9 on the fees by September 18th and then the joint
10 report will be provided to the Court by
11 September 30th. And if I provided a date that
12 is not a business day, then the ordinary course
13 is the next business day.
14 MR. SCHNEIDER: I don't see any way I
15 can possibly do this, especially given that I
16 have to now find a place to move because of the
17 foreclosure. And can I get an order of some
18 sort that requires my prior counsel to provide
19 me the file and anything else they have?
20 THE COURT: If you're having an issue
21 with that, you can communicate with your prior
22 attorney on that. The court file you can obtain
23 if you need -- confer with your attorney. Your
24 attorney has withdrawn now so I don't have the
25 authority to do that.
08/25/2020 07:28 :50 PM Paae 13 ta 16 of 20
Filed 12/18/20 Page 14 of 249
15
1 MR. SCHNEIDER: I know they've done a
2 lot of work and I paid them a lot of money and
3 without having that file, I really don't have a
4 point of reference to even --
5 THE COURT: So confer with your
6 attorney, confer with your prior attorney, make
7 your requests. And if that's an issue, then you
8 will need to come back in terms of if you need
9 further time. But right now, this hearing has
10 been set since lune for the September to October
docket. I understand your attorney withdrew in
July, so I'm extending the deadlines out for
you. But we do need to --
MS. GLEASON: Your Honor, we need to
move on. It's 20 minutes.
THE COURT: Brenda, I'm not finished.
We need to reach a resolution on this case. We
have to reach a resolution on this case and we
need to stay on task. So this deadline has been
substantially extended. If you're having
further issues, you'll need to file the
22 appropriate motion for enlargement of time and I
23 will consider it.
24 MR. SCHNEIDER: What are the sanctions?
25 THE COURT: All right. So it's in the
16
1 order. It's in the order, it's in capital
2 letters, and it applies to both sides, both
3 sides. "Noncompliance with any portion of this
4 order may result in the striking of the case,
5 witnesses or exhibits or imposition of such
6 other sanctions as are just."
7 That is the language and it applies to
8 both sides in terms of noncompliance.
9 MR. SCHNEIDER: And the date you're
10 giving is September 8th. So there's no way I'm
11 going to be able to comply with that. So I
12 guess --
13 THE COURT: Let me ask Mr. Keller, I
14 don't have the billing sheets in front of me.
15 We're not talking about -- exactly how many
16 pages of billing sheets are we talking about?
17 MR. KELLER, III: Your Honor, it's about
18 on the same order as the last hearing we had, so
19 it is significant, there are a number of pages.
20 THE COURT: Oh, I haven't seen that.
21 MR. SCHNEIDER: It's 1,000 entries,
22 2,000?
23 THE COURT: All right, Mr. Schneider,
24 you're right, this is what I'm going to do. I
25 didn't have an appreciation for the breadth of
4 of 9 sheet~
 Case 20-22398-MAM Doc
17
36-3 Filed 12/18/20 Page 15 of 249 19
1 the billing records and what you would be 1 THE COURT: Have a great day, thank you.
2 addressing. This is the Court's order. 2 (Thereupon, the proceedings were
3 I'm moving you to the October to 3 concluded at 9:20 a.m.)
4 November docket and a new order with new 4
5 deadlines will be addressed. And they will all 5
6 be cued by the October to November deadline. 6
7 That's the fairest, given the breadth of the 7
8 billing that's been provided. 8
9 Do you have the billing? 9
10 MR. SCHNEIDER: Well, yeah, I saw them 10
11 online. I tried to start working with it, but 11
12 it's heavily redacted. 12
13 THE COURT: Mr. Schneider, your request 13
14 for additional time is granted. I'm setting you 14
15 for the October to November period on the 15
16 nonjury docket. And the new deadlines will be 16
17 calculated by the new setting and that will give 17
18 you enough time. 18
19 MR. SCHNEIDER: Okay. So September 8th 19
20 is no longer the deadline for a hearing? 20
21 THE COURT: No, don't worry about that. 21
22 MR. SCHNEIDER: All right. Thank you 22
23 very much, Judge. 23
24 THE COURT: You're welcome. Because of 24
25 the breadth of the requests and what is being 25
18 20
1 addressed, it is fair to extend the time to 1 CERTIFICATE OF SHORTHAND REPORTER
2 provide the requisite specific objections, so 2
3 I'm moving this case to the October to November 3 STATE OF FLORIDA )
4 docket and you'll get the new order following 4 ) ss.
5 today. 5 COUNTY OF PALM BEACH )
6 MR. SCHNEIDER: Thank you, Judge. 6
7 THE COURT: You will comply with the 7 I, Paula Pace, RPR, Notary Public, do
8 order and we do need to, as I stated before, we 8 hereby certify that I was authorized to and did
9 do need to a reach final resolution of this 9 stenographically report the foregoing proceedings
10 case. This is the last -- well, this is the 10 and that the transcript is a true and correct
11 only pending motion at this point. If there are 11 transcription of my stenotype notes of the
12 other motions that get filed, then we will 12 proceedings.
13 address them as they come. 13
14 You all have a good rest of the day. 14 Dated this 25th day of August,
15 You will be receiving an order following today 15 2020.
16 from me with the order resetting the case for 16
17 the October to November docket with the new 17
18 deadlines. So the motion is compel compliance 18
19 is granted in part. There will be compliance. 19
20 The enlargement of time is granted 20
21 because I am resetting you to October to 21 Paula Pace, RPR
22 November, given the breadth of the issue. 22
23 MR. SCHNEIDER: Okay. 23
24 Thank you, Judge. 24
25 MR. KELLER, III: Thank you, your Honor. 25
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