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BK 41 Ex. 3 Bolz LTR To Ferrara, 05.26.2017 Bolz Letter Ferrara
BK 41 Ex. 3 Bolz LTR To Ferrara, 05.26.2017 Bolz Letter Ferrara
BK 41 Ex. 3 Bolz LTR To Ferrara, 05.26.2017 Bolz Letter Ferrara
Exhibit 3
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 200 of 294
Our firm represents the Plaintiff, First American Bank ("First American"), in the
above-referenced action. We write for the dual purposes of (1) apprising you of the
present status/circumstances of this action and (2) requesting a special set hearing on
First American's Motion for Summary Judgment and Incorporated Memorandum of Law,
bearing a Certificate of Service date of May 25, 2017.
First American instituted this foreclosure action on August 17, 2016. On November
16, 2016, the Defendants, Laurence S. Schneider and Stephanie L. Schneider
(collectively "the Schneiders") filed their Answer and Affirmative Defenses to First
American's Verified Foreclosure Complaint, which included two Affirmative Defenses. On
January 26, 2017, this Court entered an Order Striking the Schneiders' Affirmative
Defenses. The Schneiders were granted 20 days from the entry of the Court's January
26 Order to file amended affirmative defenses.
On March 6, 2017 - 39 days after entry of this Court's January 26 Order - the
Schneiders filed their Amended Affirmative Defenses. The Schneiders asserted three
Amended Affirmative Defenses. On April 7, 2017, this Court entered an Order striking all
three Amended Affirmative Defenses with prejudice. This Court specifically denied the
Schneiders' motion for leave to file second amended affirmative defenses. Accordingly,
the Schneiders have no affirmative defenses.
On March 22, 2017, former counsel for the Schneiders, Attorney Kenneth Trent,
filed and served his Motion to Withdraw. On May 1, 2017, the Court granted the Motion.
The Schneiders have not retained new counsel.
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 201 of 294
This action is currently set for trial on the Court's June 28, 2017 (20 day) trial
calendar.
On May 25, 2017, First American filed and served its Motion for Summary
Judgment and Incorporated Memorandum of Law ("Motion for Summary Judgment"). A
copy of First American's Motion for Summary Judgment is enclosed. In accordance with
this Court's Divisional Instructions, undersigned contacted the Schneiders in effort to
coordinate a special set hearing on the Motion for Summary Judgment on June 26, 2017.
Mr. Schneider responded by stating: "I am unavailable between June 26, 2017 and July
5 , 2017." 1
Both for the convenience of all parties and judicial economy, First American's
Motion for Summary Judgment should be heard before the beginning of the non-jury trial
calendar on June 28, 2017.
ruly ~ )
·. Bolz, Ill
HHB/Amh/Encl.
cc: Laurence S. Schneider (via email)
Stephanie L. Schneider (via email)
Jay S. Levin, Esq. (via email)
(all w/o encl.)
Exhibit 4
Case 20-22398-MAM
Filing# 57246092 E-Filed Doc 36-2
06/02/2017 02:42:09 PM Filed 12/18/20 Page 203 of 294
FORECLOSURE DMSION AW
CASE NO. 50 -2016 -CA-009292-XXXX-MB
FIRST AMERICAN BANK
P Iaintiff/P etitioner
VS.
LAURENCE S SCHNEIDER,
STEPHANIE L. SCHNEIDER,
JEFFREY MARC HERMAN,
et al.,
Defendant/Respondents.
- -- - -- - - - - - - - - - -I
ORDER SPECIAL SETTING HEARING
(45 minutes reserved)
The following matter has been specially set for hearing before Presiding Judge. Please see
board outside of Courtroom 4A for courtroom d5cignation in the Palm Beach County
Courthouse, 205 N. Dixie Highway, WestPalmBeasJ,f~ L 3340 I:
~
DATE:J une 26, 2017
TIME: 02:30 pm
MATTER: MOTION FOR S ~ Y JUDGMENT
By scheduling this hearing o the Court's online scheduJing system, the party
scheduling the hearing confirms tha since the filing of the subject motion, the lead
attorneys for the parties have ~ oke t each other in person or by phone in a good faith
effort to resolve or narrow tbeJ.ssue raised.
THIS MOTION IS SPE<i: LLY SET AND CANNOT BE CANCELED OR
RESET EXCEPT BY COURT.. ORDER.
THE SETTING PART..Y, HAVING ELECTRONICALLY RECEIVED THE SIGNED
ORDER SPECIALLY SETTING THIS HEARING, SHALL IMMEDIATELY ATTACH A
COMPLETE SERVICE WITH ADDRESSES LIST AND SERVE A COPY OF THIS ORDER
TO ALLPARTIE8'9F RECORD (EVEN IF THEY ARE NOT PARTICIPATING)AND FILE
WITH THE GDERK'S OFFICE A NOTJCE OF SERVICE OF THE ORDER SPECIAL
SETTING HEAR1NG.
Page 1 of 3
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 204 of 294
Case No. 50-2016-CA-009292-XXXX-MB
It is the intent of this Court to dispose of the subject matter of the specially set motion on
the date and time appearing above. Accordingly, counsel nrust either: (1) be present personally or
by telephone conference call at the hearing (telephone appearance must be approved in
advance); or (2) submit an agreed order disposing of the motion.
Hard copies of the motion, any other pleadings addressed by the motion, and memoranda,
not to exceed ten (10) double spaced pages, with highlighted case authority shall be delivered
directly to my office no later than seven (7) days in advance of the hearing and should designate
the date and time of the hearing which they reference.
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida: this 2nd
day of June, 2017.
50-2016-CA-009292-XXXX-MB. 06/02/2017
James T. Ferrara
C!railt Judge
,
COPIES TO:
Page 2 of 3
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 205 of 294
Case No.50 -2016-CA-009292-XXXX-MB
"If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach Con nty
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355 4380 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notificatiod if the
time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711."
Page 3 of 3
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 206 of 294
Exhibit 5
Case 20-22398-MAM
Case 9:17-cv-80723-DMM Doc8 36-2
Document Filed
Entered on 12/18/20 Page
FLSD Docket 207 of 294Page 1 of 2
06/22/2017
Plaintiff,
V.
Defendants.
- - - - - - - - - - - - - -·'
NOTICE OF FILING
COMES NOW the Plaintiff, FIRST AMERICAN BANK, by and through its
undersigned counsel and in accordance with the applicable Federal Rules of Civil
Procedure, hereby notifies the Court and all parties of the filing of the Defendants',
Respectfully submitted,
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing Notice of
Filing was delivered to the addressee below via transmission of Notices of Electronic
2
Case 20-22398-MAM
Case· 9: 17-cv-80723-DM Doc8-1
M Document 36-2Entered
Filed on
12/18/20 Page 06/22/2017
FLSD Docket 209 of 294 Page 1 of 1
vs.
Defendants
hereby respond to this Court's sua sponte review as to the removal of this action filed 0,1 Ju11e 9,
2017, as follows.
Defendants indicate their consent to this remand, and will pursue their remedies to prevent
the sale of the subject property in the separately filed action before this Court, Schneider v. First
. .. ~ ·.' ~! . . .. :
. ..·
1
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 210 of 294
Exhibit 6
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 211 of 294
Larry Schneider
Mr. Bo,lz,
As I had expl~ineci to you, I am in Phoeni_x d_oi_ng depositions and will not be ~ack in town until Thursday (?f next week.
Sincerely,
Late Schneider
Although you may nave already seen it · eat ach a copy of United States Dist~ict Court Jutjge Do~ald
Mid~le~rooks' fone 22, _
20_i7 .order remaryd,ing the Foreclosure Litigation back to Circuit Court.
•
. I .
The Order Remanding Case to State ourt has been file~ with the Circuit Court and the Cim.iif Cou~
·again has jurisdiction ov~ tlie Foreclosure Litigation.
We are advised ~y t he Circu t C~urt t~at First American Bank's Motion for Summary Judgment (bearing a
Certificate of Service date of May 25, 2017) remains scheduled to be heard by the Circuit Court at 2:30
p.111. on .Mo('iay, June 26, 2017. 45minutes has. been set ~side for this hearing. A copy bf J~dge
Ferrara's . une 2, 2017 Order Special Setting Hearing is attachecl for ease of reference.
Regards,
1
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 212 of 294
IMPORTANT: THIS E-MAIL. AND ANY ATTACHMENTS THERETO. IS iNTENDED FOR THE USE OF Tl-iE INDIVIDUAL OR ENTITY TO
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THIS E-MAIL IN ERROR. PLEASE IMMEDIATELY NOTIFY THE SENDER BY E-MAIL OR TELEPHONE (IF CONTACT INFORMATION IS
PRO\(IDED) AND PERMANENTLY DELETE THE ORIGINAL OR ANY PRINTOUT THEREOF. . . . .
2
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 213 of 294
Exhibit 7
Case 20-22398-MAM Doc 36-2 Filed 12/18/20 Page 214 of 294
8 LAURENCE S . SCHNEIDER ,
9 STEPHANIE L . SCHNEIDER ,
10 JEFFREY MARC HERMAN ,
11 et al .,
12 Defendant/Respondents .
13
- - -- - - - -- - - - - -- - I
14
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Palm Beach County Courthouse
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205 North Dixie Highway
22
West Palm Beach , Florida 33401
23
24 June 26 th , 2017
25
1 APPEARANCES :
7 305 - 529-8500
8 hbolz@kellerbolz . com
10 ALSO PRESENT :
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