Filing# 141499730 E-Filed 01/06/2022 02:57:56 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH WDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of

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Coral Gables, LLC,

Plaintiff,

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V.

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

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Defendants.
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PLAINTIFF'S, FIRST AMERICAN BANK,
MOTION FOR SANCTIONS
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Plaintiff, FIRST AMERICAN BANK ("First American"), by and through its undersigned
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counsel, and pursuant to this Court's Orders, rendered on September 13, 2021, September 23,

2021, November 23, 2021, December 28, 2021, and December 29, 2021, hereby files this Motion
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for Sanctions, and, in support thereof states:

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1. On May 18, 2020, First American filed and served its Motions for Fees [DE 441 & 442]
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and, on May 6, 2021, filed and served its Amended Motions for Fees [DE 639 & 642].
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2. By Order, dated June 21, 2021, this Court set for evidentiary hearing the Motions for Fees
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on the Court's Non-Jury Trial Docket for the period October 11, 2021 through November 5, 2021

[DE 647].

3. At the August 18, 2021 hearing on First American's Motion to Compel Compliance with

this Court's June 21, 2021 Order, this Court reset the evidentiary hearing on the Motions for Fees

for "sometime between February 14, 2022 and April 1, 2022" [DE 655] and directed the Parties to

l<** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/06/2022 02:57:56 PM***
confer and submit to the Court a proposed order setting certain deadlines (including identifying

witnesses and exhibit lists and discovery) for the evidentiary hearing.

4. By Order, dated September 13, 2021, this Court entered its Order Directing Pretrial and

Mediation Procedures for the Evidentiary Hearing on the Motions for Fees [DE 657]. The Order

directed the parties to, among other things, exchange lists of all trial exhibits, and the names and

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addresses of all trial witnesses, including expert witnesses, id. at 2, complete discovery by no later

than January 11, 2022; id. at 5; "participate in mediation at least 30 days before trial." id. at 6

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(emphasis in original); discuss settlement, simplify the issues and stipulate, in writing, as to as

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many facts and issues as possible, prepare a Pre-Trial Stipulation, and list all objections to trial

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exhibits by no later than January 11, 2022; id. at 3; and file the Pre-Trial Stipulation with the Court

by no later than January 18, 2022. Id.

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5. Due to Defendants failures to abide this Court's Orders, First American was required to
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file the following Motions:

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(a) On November 11, 2021, First American filed its Motion to Compel Compliance

with this Court's September 13, 2021 Order [DE 719] requesting that the Court
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direct the Defendants to file and serve their list of trial exhibits and witnesses,
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including expert witnesses. By Order, dated December 28, 2021, this Court ordered

the Defendants to "file and serve a list of all trial exhibits, names and addresses of
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all trial witnesses, and names and addresses of all expert witnesses within 7 days
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[January 4, 2021] of entry of this Order." [DE 764]. As of the date of this Motion,

Defendants have not filed or served their exhibit list or witness list.

(b) On September 23, 2021, First American filed its Ex Parte Motion to Compel

Discovery [DE 663]. By Order, dated September 23, 2021 [DE 660], the Court

granted the Ex Parte Motion and ordered that within ten (10) days [October 4, 2021]

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 of the Court's Order: (i) Defendants, Laurence and Stephanie Schneider, shall

respond appropriately to each request and produce each and every item requested

in Plaintiffs, First American Bank, First Request for Production (Attorney's Fees,

Costs, and Expenses); and (ii) Defendant, Laurence Schneider, shall respond

appropriately to each request and produce each and every item requested in

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Plaintiffs, First American Bank, Second Request for Production (Attorney's Fees,

Costs, and Expenses) (collectively "Requests for Production"). Defendants did not

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comply.

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(c) Thus, on October 25, 2021, First American filed its Motion to Compel Compliance

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with this Court's September 23, 2021 Order [DE 694]. By Order, dated December

28, 2021, the Court granted the Motion and directed Defendants to respond
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appropriately to each request and produce each and every item requested in the
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Request for Production within seven (7) days [January 4, 2022] of the Order [DE
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764]. As of the date of this Motion, Defendants have not responded or produced

any documents responsive to the Requests for Production.

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(d) On September 23, 2021, First American filed its Motion to Compel Designation of
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Specific Line-Item Objections to Attorney's Fees, Costs, and Expenses Claimed by

Plaintiff [DE 661]. On November 23, 2021, the Court granted the Motion and
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ordered the Defendants to "designate by filing and service to Plaintiff their specific
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objections to all attorney's fees, costs, and expenses claimed by Plaintiff by

identifying each line-item to which Defendant object and the legal and/or factual

basis for each objection by no later than January 5, 2022." [DE 732]. As of the date

of this Motion, Defendants have not identified their specific objections to the

attorney's fees, costs, and expense claimed by First American.

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 (e) Pursuant to this Court's September 13, 2021 Order, on November 30, 2021,

undersigned's office contacted Martin McCarthy, Esq., counsel for Defendant,

Stephanie L. Schneider, and prose Defendant, Laurence Schneider, (via email) and

provided the names of six potential mediators. Neither Mr. McCarthy nor Mr.

Schneider responded to the November 20, 2021 email. Thus, on December 8, 2021,

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First American filed its Motion for Appointment of Mediator [DE 747]. On

December 29, 2021, at the Zoom hearing on said Motion, the Court orally ordered

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each Party to submit, via email, the names of three (3) potential mediators to her

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office within seven (7) days [January 5, 2021]. On January 5, 2021, First American

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emailed the Court and provided the names of three potential mediators. As of the

date of this Motion, First American does not know if the Defendants have provided
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the Court with the names of three potential mediators.
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6. Defendants' failure to abide the deadlines set in this Court's Orders prevents the Parties
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from (a) conducting a meaningful mediation, (b) preparing a Pre-Trial Stipulation; (c) discussing

settlement; (d) narrowing the issues before the scheduled evidentiary hearing; or otherwise
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preparing for the scheduled evidentiary hearing as contemplated by this Court's Order.
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7. The September 13, 2021 Order Directing Pretrial and Mediation Procedures for the

Evidentiary Hearing on the Motions for Fees provides: "NONCOMPLIANCE WITH ANY
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PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE,

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WITNESSES, OR EXHIBITS OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE

JUST." [DE 657] (emphasis in original).

WHEREFORE, Plaintiff, FIRST AMERICAN BANK, by reason of Defendants' failures

to comply with any material requirement of the Court's Orders relating to preparation for and

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ultimately holding the evidentiary hearing, respectfully requests that this Court sanction the

Defendants for violating no less than four previous Orders and enter an Order:

(a) deeming that Defendants, LAURENCE SCHNEIDER and STEPHANIE

SCHNEIDER, have abandoned their right to oppose the subject Motion, including their

rights to an evidentiary hearing, to introduce evidence and call witnesses, including

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expert witnesses, to cross-examine witnesses, or otherwise participate in an evidentiary

hearing on any issue raised by or in regard to Plaintiffs Motions for Fees;

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(b) excusing the Parties from participating in mediation;

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(c) permitting the reasonableness and quanta of attorneys' fees, costs, and expenses sought

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by Plaintiff, FIRST AMERICAN BANK, to be determined on affidavits of Plaintiffs

witnesses, including expert witness(es), at a non-evidentiary hearing to be set by the

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court in due course; and
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(d) insofar as the positions of Plaintiff, FIRST AMERICAN BANK, are clearly set forth
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in its Motions for Fees, excusing each Party from filing a joint or its/his/her own Pre-

Trial Stipulation with the Court.

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Respectfully submitted,
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SIOLI ALEXANDER PINO

Attorneys for Plaintiff
9155 S. Dadeland Blvd. Suite 1600
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Miami, FL 33156
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Telephone: (305) 428-2470

Telefax: (305) 428-2471
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Email: jkeller@siolilaw.com
Email: smesa@siolilaw.com

By: s/ John W Keller. III

John W. Keller, III
Florida Bar No. 229989
Sheyla Mesa
Florida Bar No. 86148

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 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing, Plaintiffs, First

American Bank, Motion for Sanctions, was delivered to: LAURENCE S. SCHNEIDER

(larry@sacapitalpartners.com / jordyn.schneider1998@gmail.com) 1; MARTING. MCCARTHY,

ESQ. (mccarthy@myattomeyservices.com), McCarthy & Yersel, PLLC, 4929 SW 74th Court,

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Suite 5, Miami, FL 33155, Miami, FL 33155; EMRE YERSEL, ESQ.

(eyersel@myattomeyservices.com), McCarthy & Yersel, PLLC, 4929 SW 74th Court, Suite 5,

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Miami, FL 33155, Miami, FL 33155; ALEKSANDRA NOVAKOVICH GONZALEZ, ESQ.

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(foreclosures@ssclawfirm.com), Sachs, Sax, Caplan, Attorneys for Oaks at Boca Raton, 6111

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Broken Sound Parkway, N.W., #200, Boca Raton, FL 33487; GEOFFREY M. CAREN, ESQ.

(geoff@cahenlaw.com), Cahen Law, P.A., 1900 Glades Road, Suite 270, Boca Raton, FL 33431;
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KENNETH L. SALMONE, ESQ.(eservice@klslawgroup.com), Kenneth L. Salmone, P.A., 1701
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West Hillsboro Blvd., #203, Deerfield Beach, FL 33442; SEAN D. HUMMEL, ESQ.,
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(sean@hummellaw.com), Law Offices of Sean D. Hummel, 1701 West Hillsboro Blvd., #203,

Deerfield Beach, FL 33442; ROBERT F. BOLLINGER, ESQ.,

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(nllawllc@gmail.com/macmgn4@gmai1.com), NL Law LLC, 5313 Collins Avenue, Suite 408,

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Miami Beach, FL 33140; and MEAGHAN MURPHY, ESQ.(mmurphy@melandbudwick.com),

Meland Budwick, P.A., 200 S. Biscayne Blvd., Suite 3200, Miami, FL 33131 via the E-filing
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Portal on this 6th day of January, 2022.

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SIOLI ALEXANDER PINO

By: s/ John W Keller. III

John W. Keller, III

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Defendant, Laurence Schneider, has failed to comply with this Court's Order Granting Motion to Withdraw
as Counsel for Defendants, Laurence S. Schneider and Stephanie L. Schneider, and Directing Clerk of
Court to Change Counsel of Record [DE 489, ,r4], in that he has not filed a "notice with the style of this case
with the Clerk of Court setting forth each new address and providing a copy to all counsel of record in the
event of any and each address change."
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