Filing# 138395809 E-Filed 11/12/2021 10:14:11 AM

IN THE CIRCUIT COURT OF

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

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of

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Coral Gables, LLC,

Plaintiff,

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V.

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LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,

Defendants.
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PLAINTIFF'S, FIRST AMERICAN BANK, MOTION TO COMPEL
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COMPLIANCE WITH THIS COURT'S SEPTEMBER 13, 2021 ORDER

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Plaintiff, FIRST AMERICAN BANK ("First American"), by and through its

undersigned counsel, and pursuant to this Court's September 13, 2021 Order
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[DE 657] directing pretrial and mediation procedures for the evidentiary hearing
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on First American's Amended Motion for Assessment of Attorneys' Fees, Costs,

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and Expenses Related to Efforts to Preserve, Enforce, and Collect the Judgment
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[DE 639] and Amended Motion for Assessment of Attorneys' Fees, Costs, and
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Expenses for Litigating Fees Amounts [DE 642] (collectively "Motions for Fees"),

hereby files this Motion to Compel Compliance with this Court's September 13,

2021 Order, and, in support thereof states:

~** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/12/2021 10:14:11 AM***
 1. On May 18, 2020, First American filed and served its Motions for Fees [DE

441 & 442] and, on May 6, 2021, filed and served its Amended Motions for Fees

[DE 639 & 642].

2. By Order, dated June 21, 2021, this Court set for evidentiary hearing the

Motions for Fees on the Court's Non-Jury Trial Docket for the period October 11,

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2021 through November 5, 2021 [DE 647].

3. The June 21, 2021 Order directed the parties to "exchange lists of all trial

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exhibits, names and addresses of all trial witnesses, and names and addresses

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of all expert witnesses" on or before July 2, 2021.

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4. On July 1, 2021, First American filed and served its Exhibit and Witness
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List [DE 648] wherein it identified those documents it intends to introduce into

evidence and the witnesses, including an expert witness, it intends to call during
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the evidentiary hearing.

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5. On July 7, 2021, Defendant, STEPHANIE SCHNEIDER, filed a Motion for

Extension of Time to Produce Witness and Exhibit List [DE 649]. Therein, she
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requested an open-end extension of time to file her witness and exhibit list
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because her counsel "has been out of the office for the last week and has an in-
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person Jury Trial today, July 6, 2021 [sic], in the Circuit Court of the
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Seventeenth Judicial Circuit in and for Broward County, Florida."

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

Compliance with this Court's June 21, 2021 Order, this Court reset the

evidentiary hearing on the Motions for Fees for "sometime between February 14,

2022 and April 1, 2022" [DE 655] and directed the Parties to confer and submit

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to the Court a proposed order setting certain deadlines (including identifying

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

7. By Order, dated September 13, 2021, this Court entered its Order

Directing Pretrial and Mediation Procedures for the Evidentiary Hearing on the

Motions for Fees [DE 657].

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8. The September 13, 2021 Order directed the parties to "exchange lists of

all trial exhibits, names and addresses of all trial witnesses, and names and

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addresses of all expert witnesses" by no later than November 5, 2021.

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9. On November 4, 2021, First American filed and served its Exhibit and

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Witness List [DE 707] wherein it identified those documents it intends to
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introduce into evidence and the witnesses, including an expert witness, it

intends to call during the evidentiary hearing.

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10. As of the date of this Motion, neither Mrs. Schneider nor Defendant,
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LAURENCE SCHNEIDER, (collectively "Defendants"), have filed or served an

exhibit or witness list.

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11. Defendants' failure to comply with this Court's Order prevents the
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Parties from (a) conducting a meaningful mediation and (b) narrowing the issues
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before the scheduled evidentiary hearing as contemplated by this Court's Order.

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12. The Order further provides: "NONCOMPLIANCE WITH ANY

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PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE,

WITNESSES, OR EXHIBITS OR IMPOSITION OF SUCH OTHER SANCTIONS

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

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 WHEREFORE, Plaintiff, FIRST AMERICAN BANK, respectfully requests

that this Court enter an Order:

(a) striking Defendants', LAURENCE SCHNEIDER and STEPHANIE

SCHNEIDER, witnesses if either one or both of the Defendants have

failed to file and serve their Exhibit and Witness List within 7 days of

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this Motion;

(b) directing the Parties to file their Rebuttal Witness List within 7 days of

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Defendants' provision of their Exhibit and Witness Lists; and

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(c) in the event Defendants, LAURENCE SCHNEIDER and STEPHANIE

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SCHNEIDER, fail to file and serve their Exhibit and Witness List within
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7 days of this Motion, Defendants are deemed to have waived their right

to introduce evidence during the evidentiary hearing on the Motions for

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Fees.
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Respectfully submitted,

KELLER & MESA, LLP

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Attorneys for Plaintiff

121 Majorca Avenue, #200
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Coral Gables, FL 33134

Telephone: (305) 529-8500
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Telefax: (305) 529-0228

Email: jkeller@kellermesa.com
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By: _ ____.sl...._J_o_h_n_W_._Ki_e_l_le_r.._,I_I_I_
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John W. Keller, III

Florida Bar No. 229989

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 CERTIFICATE OF SERVICE

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

Plaintiffs, First American Bank, Motion to Compel Compliance with this Court's

September 13, 2021 Order, was delivered to: LAURENCE S. SCHNEIDER

(larry@sacapitalpartners.com / jordyn.schneiderl 998@gmail.com)1; MARTIN G.

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MCCARTHY, ESQ. (mccarthy@myattorneyservices.com), McCarthy & Yersel,

PLLC, 2151 S. Lejeune Road, Suite 306, Coral Gables, FL 33134; EMRE YERSEL,

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ESQ. (eyersel@myattorneyservices.com), McCarthy & Yersel, PLLC, 2151 S.

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Lejeune Road, Suite 306, Coral Gables, FL 33134; ALEKSANDRA NOVAKOVICH

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GONZALEZ, ESQ.(foreclosures@ssclawfirm.com), Sachs, Sax, Caplan, Attorneys
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for Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200, Boca Raton,

FL 33487; GEOFFREY M. CAHEN, ESQ.(geoff@cahenlaw.com), Cahen Law, P.A.,

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1900 Glades Road, Suite 270, Boca Raton, FL 33431; and MEAGHAN MURPHY,
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ESQ.(mmurphy@melandbudwick.com), Meland Budwick, P.A., 200 S. Biscayne

Blvd., Suite 3200, Miami, FL 33131 via the E-filing Portal on this 12 th day of
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November, 2021.
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KELLER & MESA, LLP

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By: __s~/_Jo_h_n_W_._Ki_e_l_le_r~,I_II__
John W. Keller, III
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1 Defendants, Laurence Schneider and Stephanie Schneider, have failed to comply with this

Court's Order Granting Motion to Withdraw as Counsel for Defendants, Laurence S. Schneider
and Stephanie L. Schneider, and Directing Clerk of Court to Change Counsel of Record [DE 489,
,r 4], in that they have not filed a "notice with the style of this case with the Clerk of Court setting
forth each new address and providing a copy to all counsel of record in the event of any and each
address change."

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