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Plaintiff,
vs.
DIV: L
DARRELL VOLENTINE,
Defendant.
_____________________________________________/
Plaintiffs Motion to assess attorneys fees stems from the Court awarding
attorneys fees to Plaintiff on Plaintiffs Motion which was heard on April 7, 2016. The
transcript of the hearing is incorporated herein and is filed with the Court simultaneous
with this Motion.
2.
While the Court did not find the Defendant in contempt, the Court did
determine, based upon the testimony of Kyle Kennedy, the CEO of Plaintiff, that the
Motion was justified and that an award of attorneys fees was appropriate. On Page 57,
lines 15 through 21, of the hearing transcript, the Court stated:
And as a result, the things that the gentleman read to me while under oath
are the kinds of things that youre just not allowed to do. So those findings
are good enough to bring a proceeding to enforce the injunction and falls
within the exception of the attorney fee shifting rule. (Emphasis added).
3.
The testimony of Kyle Kennedy at the April 7, 2016 hearing was either an
intentional misrepresentation or, giving Mr. Kennedy all benefit of the doubt, a serious
mistake. And it was the misrepresentation or mistake by Mr. Kennedy that caused or
substantially contributed to the Courts award of attorneys fees in favor of Plaintiff.
4.
than 6 months later by Plaintiffs stipulation (set forth in the Joint Pre-Hearing Conference
Report executed by Plaintiffs counsel on October 18, 2016) which reads as follows:
The parties have stipulated that none of the posts on Plaintiffs Exhibit
A used at the April 7, 2016 hearing were posted on the actual Seafarer
Exploration Board on Investorshub.com. (Emphasis added).
5.
18, 2016, was pointed out to the Plaintiff in Defendants pleadings many months earlier.
7.
Vacate the Courts Order Granting Award of Plaintiffs Attorneys Fees for April 07, 2016
Hearing, requesting that the Court vacate, among other things, the award of attorneys
fees to Plaintiff based upon the above described actions of Plaintiff.
8.
This motion is made in good faith to avoid further injustice in this action, and
to allow Defendants new counsel the opportunity to present to the Court the reasons that
Plaintiff should not be awarded attorneys fees for a matter in which the Court based such
award on misrepresentations or mistakes on crucial matters relating to the contempt issue
at the hearing on April 7, 2016.
WHEREFORE Defendant, DARRELL VOLENTINE, by and through the
undersigned counsel, respectfully requests this Honorable Court grant this Motion, enter
an order abating the hearing on December 7, 2016 on Plaintiffs Motion for Attorney
Determination of Attorneys Fees for Motion to Show Cause, currently set for December
7, 2016, award Defendant attorneys fees for having to bring this action, and such other
and further relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was served by
e-mail and JAWS upon all parties of record this 30TH day of NOVEMBER, 2016.
Respectfully Submitted,
/s/ Nathaniel C Griffin
NATHANIEL C GRIFFIN
123820
Fla. Bar No.