Shapiro & Fishman V David J. Stern Richman Greer V Tew Cardenas

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND

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

Plaintiff,
CD
CFN # 109252584 ~n
v. n
OR BK 46993 Pages 281 - 281
RECORDED 04105/10 16:04:22
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THE LAW OFFICES OF DAVID DEPUTY CLERK 3370 C?-r{~ C
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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
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 -<
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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
JUDICIAL CIRCUlT OF FLORIDA, IN AND
FOR BROWARD COUNlY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905
Plaintiff,
v.
J. STERN, P.A.,
Defendant.
__________________________ ~I
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JOINT AGREED MOTION FOR ENLARGEMENT OF I~;; n
TIME TO RESPOND TO DISCOVERY ~-' ~
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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
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
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SHAPIRO & FISHMAN, LLP,
Plaintiff,
v.

-
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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
I hereby certify that a true and correct copy of the foregoing Joint Agreed Motion Jor
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
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.
E-mail: jt@tewlaw.com
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

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
Plaintiff,
vs.
THE LAW OFFICES OF DAVID 1. STERN,

P.A.,
Defendant.
___________________________________1
RE-NOTICE OF TAKING DEPOSITION DUCES TECUM
Name: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Ave.
Date: Tuesday, February 2,2010 at 1:00 p.m.
Place: Hedquist & Associates, 345 East Forsyth Street, Jacksonville, FL 32202
rules of the Court.

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

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
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

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.
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.
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
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
l()~
FOR BROWARD COUNTY
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
CERTIFICA TE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for
Jeffrey A. Te~Esq., Tew Cardenas LLP, 1441 Brickell Ave., 15th Floor, Miami, FL 33131 ..
,./,:~ ./~/(~'
~
3407, this ,.:l.. \ day of December, 2009.
B "
y.
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LEORA B.J1REIRE'
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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
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01 ....0
Pursuant to the request ofTew Cardenas, LLP, received this process on 12/09/2009 at 8:OJ~ to~
served upon: ~ ~' 'n
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C:l~' W
Lender Processing Services, Inc. ~,; ;~
~2;'
State of Florida
County of Duval ss.
:<=c·, :x
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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
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
v.
CASE NO.: 09-031905 (09)
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.
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
not limited to:
(a) retention or engagement as counsel of Shapiro & Fishman LLP;
Offices of David J. Stern, P.A. regarding the transferred files.
Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &
Fishman LLP.
Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stern, P.A.
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*
v.
CASE NO.: 09-031905 (09)
THE LA W OFFICES OF DAVID J. STERN,
P.A.,
Defendant.
--------------------------------~/

TO: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Avenue,
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.
DATED on November 20, 2009.
Jeffrey Tew, Esq.

As Of e of the Court
rr--
effrey Tew, Esq.
TEW CARDENAS, LLP
Miami, FL 331.31
Telephone: 305.536.1112
Facsimile: 305.536.1116
Any and ali documents relating to any Specialized Loan Servicing LLC residential
Offices of David 1. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but
not limited to:
& Fislunan LLP and any empl<;>yees with Specialized Loan Servicing LLC regarding said
Offices of David J. Stem, P.A. regarding the transferred files.
Loan Servicing LLC files transferred frem The Law Offices of David J. Stem, P .A. to Shapiro &
Fishman LLP.
Specialized Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A.
LLC files transferred from The Law Offices of David J. Stem, P .A. to Shapiro & Fishman LLP
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
'/
CIRCUIT OF FLORIDA, IN AND FOR BROWARD
COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -- 09

Plaintiff,
v.

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.
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.

Tele: (561) 803-3500
Fax: (561) 820-1608
By: .,f;~--------~
GERALD F. RICHMAN
LEORA B. FREIRE
RICHMAN GREER, P.A

Plaintiff,
vs.

P.A.,
Defendant. CD
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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,...)
Name: Records Custodian/Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, Colorado 80219 .
Place: Colorado Court Reporter Association CCRA, 646 Howe Cir., Castle Rock, CO
303-933-0577
Duces Tecum: See attached Revised Schedule
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
rules of the Court.

TEW CARDENAS LLP
Telephone: (305) 536-1112
Facsimi (305) 536-1116
~
By:
~~~~~~~~-----
Y A. TEW, ESQ.
U.S. Mail this 23 rd day of November, 2009 to the above named addressee.
By: (}'~
1
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A. TEW, ESQ.
cc: Colorado Court Reporters Association, 646 Howe Cir. Castle Rock, CO 303-933-0577
535104.1 TEW CARgplAS LLP

Revised Schedule of Documents to be Produced
not limited to:
Offices of David J. Stern, P.A. regarding the transferred files.
Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P .A. to
Shapiro & Fishman LLP.
LLC transferred from The Law Offices of David 1. Stern, P.A. to Shapiro & Fishman LLP
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
CASE NO. 09-031905 (09)
Plaintiff,
vs. -
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NOTICE OF TAKING DEPOSITION ATTACHED REVISED DUCES TECUM*
TO: Gerald F. Richman, Esq. and Leora B. Freire, Esq., Riclunan Greer, P.A., Attorneys for
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
depositions in the State of California. Said deposition is to be taken pursuant to the Rules of
rules of the Court.

TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
(,
By: ~~Y-~--------------------
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:
& Fishman LLP and any employees with American Home Mortgage Servicing, Inc. regarding
said transferred files; and
Offices of David J. Stern, P.A. regarding the "transferred 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
JUDICIAL CIRCUIT IN AND FOR
APIRO & FISHMAN, LLP, CASE NO. 09-031905 (09) o

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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.
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsi . e: «(.?)
536-1116
By:_~~~~~_________________
JEFFREY A. TEW, ESQ.

TEW CARDENAS LL.P

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:_ _ _ _ _ _ _ _ _ _ _ _ __
535238.1
TEw CAR~NAS LLP

Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
BROW ARD COUNTY, FLORIDA
SHAPlRO & FISHMAN, LLP, CASE NO. 09-031905 (09)
Plaintiff, .:-J
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NOTICE OF TAKING DEPOSITION
Plaintiff, 250 Australian Avenue South, Suite 1504, West Pahn Beach, FL 33401.
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
rules of the Court.

TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimi e: (305) 536-1116
r.
BY:~~-H~~ __~__________________
Y A. TEW, ESQ.
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
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[N TH E CIRCUIT COURT FOR THE 17Til
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JUDICIAL CIRCUIT, 1N AJ\1JJ FOR
BRO W ARD COUN TY, FLORIDA
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SHA PIRO & FISHMAN, LLP , CASE NO. 09-031905 (09)
Plainti ft', r> ~.--Z

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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.,
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
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsi ile: (30~6-1116
By:, r-Htfo£-.It-l--/--:----------
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

Plaintiff,
vs.
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NOTICE OF TAKING DEPOSITION OF PLAINITFF'S RULE 1.310(b)(6)
WITNESS AND REQUEST FOR PRODUCTION OF DOCUMENTS
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.

Four Seasons Tower, 15th Aoor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsi ·le: (305~6-1116
By: ;vvV'
Y A. TEW, ESQ.
.).1)
U.S. Mail this ).dh day of November, 2009 to the above named addressee.
cc: Taylor Jonovic, via fax 305-371-3460

Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, Rorida 33131-3407· 305-536-1112
Plaintiff,
vs.
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Name: Eileen Cooper, an employee of Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Date: Tuesday, January 12, 2010 at 10:00 a.m.
Said deposition will be taken, before a notary public or officer authorized by law to take
the purpose of discovery, for use at trial, or for suth other purposes as are permitted under the
rules of the Court.

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

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
r'V
FREY A. TEW, ESQ.
U.S. Mail this ~Q, day of November, 2009 to the above named addressee.
By'
~ C~
.~ A. TEW, ESQ.
535045.1 TEW CAR0!NAS LLP

Four Seasons Tower. 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407·305-536-1112
Plaintiff,
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Name: Jim McGraw, an employee of Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Date: Tuesday, January 12, at 1:00 p.m.
Place: Universal Court Reporting, 888 E. Las alas Blvd., Suite 508, Fort Lauderdale, FL
rules of the Court.

TEW CARDENAS LLP

1441 Brickell Avenue, 15 th Floor
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
By: ~
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U.S. Mail this ~th day of November, 2009 to the above named addressee.
By:
~~
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A. TEW, ESQ.
cc: Universal Court Reporting via email: jarnold@universallegal.us

Four Seasons Tower. 15th Floor, 1441 Brickell Avenue. Miami, Florida 33131-3407 • 305-536-1112
Plaintiff,
vs.
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NOTICE OF TAKING DEPOSITION DUCES TECUM
Name: Chuck Martisek, Lender Processing Services, Inc., 601 Riverside Ave.
Date: Wednesday, January 20,2010 at 1:00 p.m.
Place: Hedquist & Associates, 345 East Forsyth Street, Jac~sonville, FL 32202
rules of the Court.

Four Seasons Tower, 15th Aoor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
By: ~~~~~__ ~J. ~

. _________________
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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

Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but
not limited to:
records of payment by your finn of such bills or invoices;
Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P .A. to Shapiro &
Fishman LLP.
~LC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP
Fishman LLP.
TEW CARDENAS LLP

Four Seasons Tower. 15th Floor, 1441 Brickell Avenue. Miami. Florida 33131-3407 • 305-536-1112
535320.1
JUDICIAL ClRCUIT, IN AND FOR
Plaintiff,
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NOTICE OF TAKING DEPOSITION DUCES TECUM*
Plaintiff, 250 Australian Avenue South, Suite 1504, West Palm Beach, FL 33401
Name: Records Custodian/Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, Colorado 80219
Place: Colorado Court Reporter Association CCRA, 646 Howe Cir., Castle Rock, CO
303-933-0577
Duces Tecum: See attached Schedule
rules of the Court.

Four Seasons Tower. 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407· 305-536-1112
TEW CARDENAS LLP
Telephone: (305) 536-1112
Facsimil' (305) 536-1116
r
By: ~~~~~________________
FFREY A. TEW, ESQ.
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
not limited to:
(c) corresponden~e or emails to or from any employee, attorney or partner of Shapiro
LLC transferred from The Law Offices of David 1. Stem, P.A. to Shapiro & Fishman LLP
Servicing LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman
LLP
535304.1
CASE NO. 09-031905 (09)
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Defendant.
_____________________________________________________________1
NOTICE OF TAKING DEPOSITION DUCES TECUM*
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
rules of the Court.

TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
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
The Law Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files")
(c) correspond~nce or emails to or from any employee, attorney or partner of Shapiro
Offices of David J. Stem, P.A. regarding the "transferred files.
TEW CARDENAS LLP

Four Seasons Tower, 15th Floor. 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
535305.1
'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
PLEASE TAKE N OTICE that the undersigned counsel will take the deposition of:
Name: Scott Barnes, Lender Processing Services, Inc., 60 I Riverside Ave.

Date: Wednesday, January 20,20 10 at 9 :00 a.m.
Place: Hedquist & Associates, 345 East Forsyth Street, Jackso nville, FL 32202
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
TEW CARDENAS LLP

Telephone: (305) 536-1112
FaC~Simile:(3~ 536-1116
By: J~
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U.S. Mail this~th day of November, 2009 to the above named addressee.
By:
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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
foreclosure matters, cases andlor files transferred or directed to be transferred from The Law
not limited to:
(b) bills and invoices for legal services received from· Shapiro & Fishman LLP and
(c) correspondence or ·emails to or from any employee, attorney or partner of Shapiro
Loan Servicing LLC files transferred from The Law Offices of David J. Stem, P.A. to Shapiro &
Fishman LLP.
LLC files transferred from The Law Offices of David i. Stem, P.A. to Shapiro & Fishman LLP
Fishman LLP.
TEw CARDENAS LLP

535320.1
Plaintiff,
vs.
THE LAW OFFICES OF DAVID J. STERN, '- '

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Name: David S. Kreisman, Esq., Shapiro & Fishman, LLP, 2424 N. Federal Hwy.,
Date: Friday, January 15,2010 at 2:00 p.m.
Said deposition will be taken before· a notary public or officer authorized by law to take
Civil Procedure. Said oral examination may be taken by stenographic, videotape andlor audio
rules of the Court.

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

Telephone: (305) 536-1112
Facsi ·le: (305) 536-1116
C
By: 'r-~~~~------------------
REY A. TEW, ESQ.
~
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

\~
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\ IN THE CIRCUIT COURT FOR THE 17TH

\s ".
' .. BROWARD COUNTY, FLORIDA
Plaintiff,
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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.
rules of the Court.
535106.1 TEw CARDENAS LLP

Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Rorida 33131-3407 • 305-536-1112
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
(7
By: ~~~~r-----------------
Y A. TEW, ESQ.
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

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

535305.1
SHAPlRO & FISHMAN, LLP, CASE NO. 09-031905 (09)
Plaintiff, e,"""l
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Defendant.
----------------------------------~/
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.
Civil Procedure. Said oral examination may be taken by stenographic, videotape andlor audio
rules of the Court.

Four Seasons Tower, 15th Roor, 1441 Brickell Avenue, Miami, florida 33131-3407 • 305-536-1112
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
C
REY A. TEW, ESQ.
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U.S. Mail this}9th day of November, 2009 to the above named addressee.
By: ~rI!:tr ;: J~
A. TEW, ESQ.
535043.1 TEW CAR~ENAS LLP

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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
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.
rules of the Court.
535088.1 TEw CARDENAS LLP

TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
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By:
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Y A. TEW, ESQ.
rida Bar No. 121291
U.S. Mail this 20 th day of November, 2009 to the above named addressee.
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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

535304.1
~'f
,,) Y IN THE CIRCUIT COURT OF THE 17TH
SH~IRO & FISHMAN, LLP, JUDICIAL CIRCUIT IN AND FOR
v. CASE NO. 09-031905 (09)

STERN, P.A.
Defendant.
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NOTICE OF HEARING ~:: .:' '. J
This Motion was Scheduled Using the "Online Motion Calendar ScheduliD..g!.i Syst€m ,..~
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PLEASE TAKE NOTICE that the undersigned will call up for heariplf:'befoU» theP~
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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.

TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
By: lfi"'" 1""""

~FFREY A. TEW, ESQ.
U.S. Mail this 20th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
BY:~rwJ
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~REY A. TEW, ESQ.
TEw CARDENAS LLP

Four Seasons Tower, 15th floor, 1441 Brickell Avenue, Miami, florida 33131-3407 • 305-536-1112
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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.
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
~
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By: 'rmM kJ
~ JEFFREY A. TEW, ESQ.
th
U.S. Mail this 20 day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
.
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
Plaintiff,
v. CASE NO.: 09-031905 (09)

P.A.,
Defendant.
--------------------------------~/
TO: Records Custodian of Specialized Loan Servicing, 8742 Lucent Blvd., Suite 300,
Highlands Ranch, CO 80219
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.
Jeffrey Tew, Esq.

As Officer of the Court
~ ~ .
By:/J. V "-
teffr y Tew, Esq. email: jt@tewlaw.com
TEW CARDENAS, LLP
Miami, FL 33131
Telephone: 305.536.1112-
Facsimile: 305.536.1116
not limited to:
(e) litigation case files .

...
LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP
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
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
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.
~
DATED on Novembed-O " 2009.
Jeffrey Tew, Esq.

As O~cer orr, Court
By:/I'~
IOJffr Tew, Esq.
TEW CARDENAS, LLP
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
Offices of David J. Stem, P .A. to Shapiro & Fishman, LLP ("the transferred files") including but
not limited to:
Specialized Loan Servicing LLC transferred from The Law Offices of David J. Stem, P.A. to
LLC transferred from The Law Offices of David J. Stem, P.A. to Shapiro & Fishman LLP
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!-: ::.

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, ress ,,-_.:it'
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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
[01 eclosure matters, cases and/or files transferred or directed to be transferred from I he Law
not limited to:
& Fislunan LLP and any employees with Specialized Loan Servicing LLC regarding said
Offices of David 1. Stem, P.A. regarding the transferred files.
Shapiro & Fislunan LLP.
LLC transferred from The Law Offices of David 1. Stem, P.A. to Shapiro & Fislunan LLP
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
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-
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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
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:
Offices of David 1. Stem, P.A. regarding the transferred files.
LLC transferred from The Law Offices of David J. Stern, P .A. to Shapiro & Fishman LLP
Servicing LLC transferred from The Law Offices of David 1. Stem, P .A. to Shapiro & Fishman
LLP
535304_1
EXHIBITB
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.
CASE NO.: 09-031905 (09)
Plaintiff,
v.

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".
_ day of , 2009.

Jeffrey Tew, Esq.
535110.1
535313.1
Plaintiff, .
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------------------------------- W
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DEFENDANT'S NOTICE OF FILING FIRST SET OF INTERROGATORIES TO

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.
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsi 'le: (305) 536-1116
('
By: ~~+-~~________________
REY A. TEW, ESQ.
TEW CARDENAS LLP

Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407. 305-536-1112
t20 h
U.S. Mail this W day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
By' ~r W
FltEy A. TEW, ESQ.
535238.1
TEW CARaENAS LLP

Plaintiff,
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v.
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THE LAW OFFICES OF DAVID J. ~-
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DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO <....)
(..oJ
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

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

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.
The Law Offices of David J. Stern, P.A. to Shapiro & Fishman, LLP ("the transferred files")
Offices of David J. Stem, P .A. regarding the "transferred files.
6. Any and all documents relating to any Specialized Loan Servicing LLC
The Law Offices of David J. Stern, P .A. to Shapiro & Fishman, LLP ("the transferred files")
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.
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
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsim· e: (305) 536-1116
By: ~
. 20
u.S. Mail this ~th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
By:~~_-=-- _ _ _ _ _ _ _ _ __
J FREY A. TEW, ESQ.
535019.1
TEW CARQ:NAS LLP

CASE NO. 09-031905 (09)
Plaintiff,
v.
THE LAW OFFICES OF DAVID J. 0;"" 0"0:
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-------------------------------
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

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.
TEW CARDENAS LLP

Telephone: (305) 536-1112
Facsimile: (305) 536-1116
r.'
By: ~
EFFREY A. TEW, ESQ.
U.S. Mail this 20th day of November, 2009 to: Gerald F. Richman, Esq., Leora B. Freire, Esq.,
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
SHAPIRO & FISHMAN, LLP, JUDICIAL CIRCUlT, IN AND FOR
v.
CASE NO.: 09-031905 (09)
P.A.,
Defendant.
--------------------------------~/
SUBPOENA FOR DEPOSITION
TO: American Home Mortgage Servicing, Inc. (through a person with the most
knowledge of the matters set forth on the attached Schedule).
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.
Jeffrey Tew, Esq.

As Officer of the Court
BY:-+F-t'-_(.1_~_ _ _ __
Jeffrey Tew, Esq.
TEW CARDENAS, LLP
th
Four Seasons Tower, 15 Floor
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
TEW CARDENAS LLP

535305.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue. Miami. Florida 33131-3407·305-536-1112
v.
CASE NO.: 09-031905 (09)
P.A.,
Defendant.
_________________________________________________1

TO: Records Custodian of American Home Mortgage Servicing, Inc.
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.
Jeffrey Tew, Esq.

As Of cer of the Court
1--
Jeffrey Tew, Esq.
TEW CARDENAS, LLP
Miami, FL 33131
Telephone: 305.536.1112
Facsimile: 305.536.1116
records of payment by your fmn of such bills or invoices;
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
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")
(a) retention or engagement as counsel of Shapiro & Fislunan LLP;
Offices of David J. Stem, P.A. regarding the ''transferred 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:
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:
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
The--Law"Offices of David J~- Stem, P.A. to·Shapiro & Fishman, LLP ("the transfelred fues")'
TEW CARDENAS LLP

535305.1 Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131·3407·305-536-1112
'.' -- _~" ••• _ - ... . . • __ ...... o. ... _ • __ , _ ... __ _ _ •• _... • ._. _ ••• '. _ _ " .... _ _ •.•
EXHIBITB
Plaintiff, CASE NO.: 09-031905 (09)
v.

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.
_ day of _ _ _ _, 2009.

Jeffrey Tew, Esq.
535119.1
JUDICIAL CIRCUIT, 1N AND FOR
CASE NO.: 09-031905 (09)
Plaintiff,
v.

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".
_ day of ,2009.

Jeffrey Tew, Esq.
535110.1
FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 ( q)

Plaintiff,
v.

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
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.

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.

::: (S61SCi-
Tele: (561) 803-3500
GERALD F. RICHMAN
LEORA B. FREIRE
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
Case No. 09031905
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.
from Specialized regarding the transfer of any of its files to Shapiro & Fishman,
LLP.
3
RICHMAN GREER, PA
Case No. 09031905
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.
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
10. Any and all Firm efforts to comply with requests to transfer Specialized's files to
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.
from Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel
for ARMS' files to Shapiro & Fishman, LLP.
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
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
Case No. 09031905
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.
Case No. 09031905
Specialized ·regarding the transfer--of any- of Specialized~s files too-Shapiro &
Fishman, LLP.
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.
Shapiro & Fishman, LLP regarding the execution of Stipulations of Counsel for
AHMS' files to Shapiro & Fishman, LLP.
7
RICHMAN GREER, P.A.
Case No. 09031905
.. _.. -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
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.
/<?
v,ilil
I
.·. .
/,)
~ ,

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~·~; -~
--
tJ'
~
~
~
------------------------------~ ;-~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
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

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
TEW CARDENAS LLP

Miami, Florida 33131
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
By:~jL---I------!'~ _ _ _ __
FFREY A. TEW
ANDREW B. THOMSON
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
.;:". ..
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FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 <1
Plaintiff,
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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
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
RICHMAN GREER, P.A.

Case No. 09031905
Second Re-Notice of Taking Deposition
Respectfull y yours,
RICHMAN-GREER, P.A.
Tele: (561) 803-3500
Fax: (561~2~;l'08
By:
_'t:?~,1'/-"'---<"" ,. .
GERALD F. RICHMAN
LEORA B. FREIRE
I hereby certify that a true and correct copy of the foregoing Second Re-Notice of Taking
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Plaintiff,
v.

J. STERN, P.A.,
Defendant.
-------------------------------~/
NOTICE OF TAKING DEPOSITION OF DEFENDANT'S RULE 1.310(b)(6) WITNESS
AND REQUEST FOR PRODUCTION OF DOCUMENTS

TEW CARDENAS, LLP
MIAMI, FL 33131
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
DATE & TIME

October 28,2009 at 10:00 a.m.
PLACE
McN ab Executive Center
RICHMAN GREER, P.A.

Case No. 09031905
Notice of Taking Deposition
in said examination
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as you may be advised, and as shall be fit and proper. r---)
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This deposition is being taken for the purposes of discovery, for use as pri~_evi$nce,;o
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Tele: (561) 803-3500
Fax: (561) 820-1608
\
By:
---------------------------
GERALD F. RICHMAN
LEORA B. FREIRE
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
2
RICHMAN GREER, P.A.
Case No. 09031905
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
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
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.
from Specialized regarding the transfer of any of its files to Shapiro & Fishman,
LLP.
3
RICHMAN GREER, P.A.
MIami- West Palm Beach
Case No. 09031905
from Shapiro &-Fishman, LLP regarding- the transfer of AHMS' files.to Shapiro .
& Fishman, LLP.
9. Any and all Firm efforts to comply with requests to transfer AHMS' files to
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
for AHMS' files to Shapiro & Fishman, LLP.
for Specialized's files to Shapiro & Fishman, LLP.
A.HMS' cases transferred to Shapiro & Fishman, LLP.
4
RICHMAN GREER, P.A.
Case No. 09031905
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
18. Any Firm charging or retaining liens on any _.c\HMS file that was requested to be
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
Case No. 09031905
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
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
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.
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
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
ARMS regarding the transfer of any of AHMS' files to Shapiro & Fislunan, LLP.
6
RICHMAN GREER. P.A.
Case No. 09031905
Specialized regarding the . transfer. of any. of -Specialized~s files to .. Shapiro &
Fishman, LLP.
Shapiro & Fishman, LLP regarding the transfer of ARMS' files to Shapiro &
Fishman, LLP.
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.
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,
ARMS' files to Shapiro & Fishman, LLP.
7
RICHMAN GREER, P.A.
Miami. west Palm Beach
Case No. 09031905
. -- _ .. 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.
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
history.
history.
16. Any documents relating to the Firm's charging or retaining liens on any ARMS
17. Any documents relating to the Firm's charging or retaining liens on any
8
RICHMAN GREER, P.A.
l
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FOR BROWARD COUNTY
, SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905
Plaintiff,
v. ..~ .
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.

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
Tele: (561) 80~
Fax~2:160 .
By:
GE DF. RI AN
LEORA B. FREIRE
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.
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

TEW CARDENAS, LLP
MIAMI, FL 33131
PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped
deposition of:
David Stern September 25, 2009 McNab Executive Center

@ 1:00 p.m. 1000 West McNab Road, Suite 150
upon oral ex~~ination pursuant to Florida Rules of Civil Procedure~ before a court reporter or
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
Case No. 09031905
Notice of Taking Deposition - David Stem
Respectfully yours,
RICHMAN-GREER, P.A.
Attorneys for Plaintifft
Tele: (561) 803-3500
Fax: (561) 820-1608
By: ~~#II.
GERALD F.~MAN
= ___
~
LEORA B. FREIRE
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.,
2
RICHMAN GREER. P.A.
FOR BROWARD COUNTY
Plaintiff,
v.
1. STERN, P.A.,
Defendant.
----------------------------~/
RE-NOTICE OF TAKING DEPOSITION
(corrected notice)

TEW CARDENAS, LLP
MIAMI, FL 33131
PLEASE T AK.E NOTICE that the undersigned attorneys will take the deposition of:
David Stem September 25, 2009 McNab Executive Center

upon oral examination pursuant to Florida Rules of Civil Procedure, before a court report~r or
RICHMAN GREER, P.A.

Miami. Woa. Palm Bosch
Case No. 09031905
Re-Notice of Taking Deposition - David Stem
Respectfully yours,
RICHMAN GREER, P.A.

Attorneys for Plaintiffs
Tele: (561) 803-3500
Fax: (561) 820-1608
By: ~
GERALD F. RICHMAN
LEORA B. FREIRE
Deposition has been served via facsimile and U.S. Mail on this \ O~ay of September, 2009
33131.
LEORA B. FREIRE
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
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
GENERAL JURISDICTION DIVISION ~

CASE NO~009CA031925AXX8CE (O~ , ~n UJ n
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THE LAW OFFICES OF DAVID J. STERN, P.A., DC(./) 0 ~
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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

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.
TEW CARDENAS LLP

Miami, Florida 33131
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
B .~~~~ ____________________
EFFREY A. TEW
ANDREW B. THOMSON
4
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami. Florida 33131-3407 • 305-536-1112
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
OCT.19.2009 13:17
#39'67 P.002 /009

FOR BROWARD COUNTY
Plaintiff,
v.
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

TEW CARDENAS, LLP
MIAMI, FL 33131
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
DATE & TIME

October 28, 2009 at 10:00 a.m.
PLACE
McNab Execadve Center
. Pompano Beach, FL 33309
ructtMAN GReER. PoA.

MiamI. Wctt Palm Beacn
.~.~
.~
.:. DEFENDANT'S
. - . .- ..
i :. EXHIBIT'
.~; 'A
I
OCT.19.2009 13:17
#3967 P.003 /009

Case No. 09031905
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
West Palm Bea~ FL 33401
Te1e: (561) 803-3500
Fax: (561) 820-1608
By:
-------------------------
GERALD F. RICHMAN
LEORA B. FREIRE
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.
.~
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
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
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
Servicing, Inc.' s ("AliMS") files.
4. Firmts handling of the original doCuments for Specialized Loan Servicing's
(~Specia1ized") files.
from ARMS regarding the transfer of any of its files tc? Shapiro & Fishman, LLP.
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
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.

9- Any and all Finn efforts to comply with requests to transfer AHMS' 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
for AHMS' files to Shapiro & Fishman, LLP.
from Shapiro & Fishman, LLP -regarding the execution of Stipulations of Counsel
fQr Specialized's files to Shapiro & Fishman, LLP.
.."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

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
18. Any Firm chargin~ or retaining liens on any AHMS file that was requested to·be
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

Case No. 09031905
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
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
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.
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
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
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
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 ~
Shapiro & Fishman, LLP regarding the transfer of Sp~ciaIizecPs files to Shapiro
& Fishman, LLP.
transfer AHIv.{S' files to Shapiro & Fishman, LLP.
8. Any and an documents relating to the Finn's efforts to comply with requests to
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,
10. Any and all requests or communications, including emails, between the Fjnn and
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
Shapiro & Fislnnan, LLP regarding the execution of Stipulations of Counsel for
Specializedts files to Shapiro & Fishman, LLP.
Substitution of Counsel in AHMS' cases transferred to Shapiro & Fjshman, LLP.
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.
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
17. Any documents relating to the Finn's charging or retaining liens on any
8
~ICHMAN GREER, P.A.
~. WG6t P:l1m Beach
~SHAPIR.O
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
Case No. 09031905
Notice of Hearing
- --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.

Tele: (561) 803-3500
FU:~
By:
GERALD F. RICHMAN
LEORA B. FREIRE
2
RICHMAN GREER. P.A.
Miami. west Palm Beach
FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905~j
. Plaintiff,
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. TEW CARDENAS, LLP
MIAMI, FL 33131
deposition of:
Paula Clayton September 25, 2009 McN ab Executive Center

@ 10:00 a.m. 1000 West McNab Road, Suite 150
or for such other purposes as are pennitted under the applicable Statutes or Rules of Court.
RICHMAN GREER, P.A.

Shapiro & Fishman v. David J. Stern tI
Case No. 09031905 _t) I
Notice of Taking Deposition - Paula Clayton
Respectfully yours,
RICHMAN GREER, R.A.

Tele: (561) 803-3500
Fax: (561) 820-1608
By: ~ .. =~
GERALD F. RICHMAN --.~
LEORA B. FREIRE
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
2
RICHMAN GREER, P.A.
FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -fj r

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RE-NOTICE OF TAKING DEPOSITION
(corrected notice)

TEW CARDENAS, LLP
MIAMI, FL 33131
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
David Stem September 25, 2009 McNab Executive Center

RICHMAN GREER, P.A.

Shapiro & Fishman v. David J. Stern . tl
Case No. 09031905 - () I
Re-Notice of Taking Deposition - David Stem
Respectfully yours,
RICHMAN· GREER, P.A.

Tele: (561) 803-3500
Fax: (561) 820-1608
By: ~-
GERALD F. RICHMAN
LEORA B. FREIRE
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
2
RICHMAN GREER, P.A.
Mlamle West Palm B9ach
FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 -() 1

Plaintiff,
v.

J. STERN, P.A.,
Defendant.
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TEW CARDENAS, LLP
MIAMI, FL 33131
PLEAS E TAKE NOTICE that the undersigned attorneys will take the deposition of:
Paula Clayton September 25, 2009 McN ab Executive Center

@ 10:00 a.m. 1000 West McNab Road, Suite 15(}r
-
in said examination as you may be advised, and as shall be fit and proper
RICHMAN GREER, P.A.

Case No. 09031905_0f
Re-Notice of Taking Deposition - Paula Clayton
Respectfully yours,
RICHMAN GREER, P.A.

Tele: (561) 803-3500
F~:r~
By:
GERALD F. RICHMAN
LEORA B. FREIRE
Deposition has been serv~ via facsimile and U.S. Mail on this \~day of September, 2009
33131.
2
RICHMAN GREER. P.A.
FOR BROWARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905·...,01
. Plaintiff,
v.
THE LAW OFFICES OF DAVID Q

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TO: JEFFREY TEW, ESQUIRE CD
TEW CARDENAS, LLP

MIAMI, FL 33131
deposition of:
David Stern September 25, 2009 McNab Executive Center

will continue from day to day until completed. 'You are hereby notified to appear and take part
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.

Shapiro & Fishman v. David J. Stern "I--
Case No. 09031905 ...,i)
Notice of Taking Deposition - David Stem
Respectfully yours,
RICHMAN GREER, P.A.

Tele: (561) 803-3500
Fax: (561) 820-1608
By: ~h.. =
GERALD F. RI HMAN
m

LEORA B. FREIRE
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.
2
RJCHMAN GREER, P.A.
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 \:)\

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:

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

Four Seasons Tower
1441 Brickell Avenue, 15 th Floor
Telephone: (305) 536-1112
Facsimile: (305) 536-1116
,/
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
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I/-~
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..
v·

~eed CIRCUIT OF FLORIDA, IN AND FOR BROWARD
~c;e\'A"· COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905 ( q)

. .Elaintiff, . " .._
v.

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.
RICHMAN GREER, P.A.

West Palm Beach, Florida 33401
Telephone: (561) 803-3500
Facsimile: (561) 820-1608
I~.,,;
By:
"'"'' 1-----,.,
GERALD F. RICHMAN
LEORA B. FREIRE
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.

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
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
(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

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)
Case No. 09031905
Notice of Hearing
Page 2 of2
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.

Tele: (561) 803-3500
F~~
By:
GERALD F. RICHMAN
LEORA B. FREIRE
1:\52820\pleadings\noh - emerg mol - 3400472.doc

IN" THE CIRCUIT COURT OF THE 17TH
runICIAL C1RCUIT IN AND FOR
CASE NO.:09-031905 (09)
. SHAPIRO & FISHMAN, LLP
Plaintiff,
v.

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

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-
FOR BROW ARD COUNTY
SHAPIRO & FISHMAN, LLP, CASE NO.:
Plaintiff,
".- '
v. c:)
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THE LAW OFFICES OF DAVID '-c: ~o

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J. STERN, P.A., ....:0 -<
Defendant.
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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
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
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
(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:
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
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 ~~. ~

>,_.".
:0....
L
c=
n
:::0
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.

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.

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.

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

Shapiro & Fishman v. i "e Law Office of David J. Stern
Complaint
Page 60f6
RICHMAN GREER, P.A.

Telephone: (561) 803-3500
Facsimile: (561) 820-1608
By: .c:L~I2~,-------__
GERALD F. RICHMAN
LEORA B. FREIRE
RICHMAN GREER, PA
JUDICIAL CIRCUIT OF FLORIDA, IN
AND FOR BROW ARD COUNTY
Plaintiff,
v.

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.
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.

Shapiro & Fishman v. 11lt: Law Office ofDavid J. Stern
Page 3 of4
14. Furthennore, The Shapiro Finn will not be able to completely recreate the
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.

Shapiro & Fishman v. 1 lit' Law Office ofDavid J. Stern
Page 4 of4
RICHMAN GREER, P.A.

Telephone: (561) 803-3500
Facsimile: (561) 820-1608
By:_ _ X4 _ - - __
GERALD F. RICHMAN
LEORA B. FREIRE
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.

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
L·
By: --=~:c:.-=-===-:
GERALD F. RICHMAN
LEORA B. FREIRE
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
runICIAL CIRCUIT OF FLORIDA, IN AND
FOR BROWARD COUNTY
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.
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
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

Shapiro & Fishman V David J. Stern Richman Greer V Tew Cardenas

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IN THE CIRCUIT COURT OF THE 17TH

JUDICIAL CIRCUIT OF FLORIDA, IN AND

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

JOINT STIPULATION OF DISMISSAL

TEW CARDENAS LLP RICHMAN GREER P.A.

Florida Bar No. 066457

IRO & FISHMAN, LLP, CASE NO.: 09031905

THE LAW OFFICES OF DAVID

ORDER ON JOINT AGREED MOTION FOR

advised of the agreement between the parties, does hereupon

Ray H. Pearson '.1 \'2:..!r,If)·1

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

Certified in Wills, TruslS & Estates

, Florida Supreme Court

cc: Jeffrey Tew, Esquire (w/enclosures)

SHAPIRO & FISHMAN, LLP, CASE NO.: 09031905

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

responses are currently due on January 20,2010.

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

request that the court grant the relief sought herein.

MiamI. West Palm BllICh

RICHMAN GREER P.A. TEW CARDENAS LLP

RICHMAN GREER. PA.

SHAPIRO & FISHMAN, LLP,

THE LAW OFFICES OF DAVID

JOINT AGREED MOTION FOR ENLARGEMENT OF

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

responses are currently due on January 20,2010.

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

request that the court grant the relief sought herein.

RICHMAN GREER, P.A.

Miami. West Palm Buach

RICHMAN GREER P.A. TEW CARDENAS LLP

RICHMAN GREER. P.A.

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

THE LAW OFFICES OF DAVID J. STERN,

RE-NOTICE OF TAKING DEPOSITION DUCES TECUM

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

Duces Tecum: See Attached Schedule

rules of the Court.

535076.1 TEW CARDENAS LLP

TEW CARDENAS LLP

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

535076.1 TEW CAR¥NAS LLP

not limited to:

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

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

trans felTed files; and

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

(e) litigation case files.

to Shapiro & Fislu11an LLP.

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

THE LAW OFFICES OF DAVID 1. STERN,

RE-NOTICE OF TAKING DEPOSITION DUCES TECUM

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

Duces Tecum: See Attached Schedule

rules of the Court.

535284.1 TEW CARDENAS LLP

TEW CARDENAS LLP

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

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

535284.1 TEW C~NAS LLP

not limited to: