Filing# 152110578 E-Filed 06/24/2022 05:32: 16 AM

IN THE CIRCUIT COURT OF THE J 5TH

JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

FIRST AMERICAN BANK, as successor CASE No.: 5020 16-CA-009292

By merger to Bank of Coral Gables, LLC,

Plaintiff,

V.

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

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Defendant(s).
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FIRST AMERICAN BANK, as successor
by merger to Bank of Coral Gables, LLC,

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Plaintiff;

vs.
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LAURENCE S. SCHNEIDER, STEPHANIE
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L. SCHNEIDER, IST FIDELITY LOAN

SERVJCJNG, LLC, S & A CAPITAL
PARTNERS, INC., REAL ESTATE
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& FJNANCE, INC., BRAD AXEL and

PAIGE AXEL

T hird-Party Defendants.
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THIRD-PARTY DEFENDANTS' SECOND MOTION FOR EXTENSION OF TIME TO

RESPOND TO PLAINTIFF'S FIRST AMENDED SUPPLEMENTAL COMPLAINT FOR
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REVERSE PIERCING THE CORPORATE VEIL AND PERMANENT INJUNCTIVE

RELIEF, AVOIDANCE OF FRAUDULENT TRANSFERS AND OTHER RELIEF
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COMES NOW T hird-Pany Defendants LAURE CE SCHNEIDER, STEPHANIE

SCHNEIDER, and 15T FIDELITY LOAN SERVICING, LLC (hereinafter "Third-Party

Defendants"), by and through the undersigned counsel and pursuant to Fla. R. Civ. P. 1.090, and

hereby files this Second Motion for Extension of Time to Respond to Plainti ff FIRST

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/24/2022 05:32:16 AM
AMERICAN BANK's, as successor by merger to Bank of Coral Gables, LLC (hereinafter

"Plainti ff'') First Amended Supplemental Complaint for Reverse Piercing the Corporate Veil and

Permanent Injunctive Rel iet: Avoidance and Recove,y of Fraudu lent Transfers, and Other Relief

(hereinafter ''Th ird-Party Amended Complaint"), and in support thereof states:

I. On Februaiy 17, 2022, the Plainti ff fi led a Third-Paity Comp laint against Third-Party

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Defendants, which was served on Third-Party Defendants on March 9, 2022.

2. On March 9, 2022, the Fourth District Court of Appeals entered on Opinion reversing the

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final deficiency judgment against Defendant Stephanie Schneider and remand for the

entry of an ameoded judgment against only Defendant Laurence S. Schneider.

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3. On April 15, 2022, Plai nti ff filed a Third-Party Amended Complaint against Third-Party

Defendants.
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4. On June 16, 2022, the Parties came before this Honorable Court on Third-Party
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Defendants Brad and Paige Axel's Motion to Dismiss the Third-Party Amended
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Complaint, and ao Order was entered dismissing Counts 11 and IV w ithout prejudice,

providing Plaintiff with twenty (20) days to amend thei r pleading.

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5. Third-Party Defendants require additional time respond to Plainti!T's Third-Party

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Compla int as the Order on Brad and Paige Axel's Motion to Dismiss indicates that
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Plaintiff intends to Amend the Third-Party Complaint.

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6. Florida Rule of Civi l Procedure I .090 provides in pertinent part:

(B) Enlargement. When an act is required or allowed to be done at or within a

specified time by order of the court, by these rules, or by notice given
thereunder, for cause shown the court at any time in its discretion (I) with or
without notice, may order the period en larged if request thereof is made
before the expiration of the period originally prescribed or as extended by a

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 previous order.

Fla. R. Civ. P. 1.090 (2002).

7. T his moti on is made in good faith aod will not cause prejudi ce to the Plaintiff.

WHEREFORE the Third-Party Defeudauts LAURENCE SCHNEIDER, STEPHANIE

SCHNEIDER, and IST FIDELITY LOAN SERVICING, LLC respectfu lly requests that this

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Honorable Court grants this Motion for Extension of Time to respond to Plaintiffs First

Amended Supplemental Complaint for Reverse Piercing the Corporate Veil and Permanent

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Injunctive Relief, Avoidance and Recovery of Fraudulent Transfers, and Other Relief, and

provides the Third-Party Defendants an extension to provide the Plaintiff the time to amend their

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pleadings, as well as awards any additional relief that is just and equitable in light of the

foregoing.
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 CERTlFl CATE O.F SERVI CE

I CERTIFY that a copy hereof has been furnished on June 24, 2022, via emai l service to all
parties designated to receive Service of Court documents via Florida's efiling Portal pertaining
10 this case, via e-mail to Meaghan E. Murphy, Esq., Meland Budwick, P.A., 200 South Biscayne
Blvd., Ste. 3200, Miami, FL 33 13 1, mmumhy@melandbudwick.com,
mramos@melandbudwick.com, and mrbstate@vahoo.com, and via emai l to John W. Keller, 111,
Esq. , Sioli Alexander Pino, 9155 S. Dadeland Blvd., Ste. 1600, Miami, FL 33 156,
jkeller@siolilaw.com and smcsa@siol ilaw.com.

Respectfully Submitted,

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MCCARTHY & VERSEL, PLLC
Attorneys for the Third-Party Defendants

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4929 SW 74" Ct.
Miami, FL 33 155
Ph.: (305) 407-8006 / Fax.: (866) 676-4671

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By: Isl Martin G. McCarthy
Emre Yersel, Esq., Florida Bar No.: 114485
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Service Email: eyersel@myattorneyservices.com
Martin G. McCarthy, Esq. Florida Bar No.: 149896
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Service Email: mccarthv@myattorneyservices.com
Service Email 2: lawclerk@myattorneyservices.com
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