DESANTIS, GASKILL, SMITH & SHENKMAN, P.A.
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1 CONRAD J. DESANTIS Business & Real Estate Also Admitted in Pennsylvania TIMOTHY W. GASKILL Business, Probate Family Litigation DONALD R. SMITH Personal Injury & Wrongful Death Commercial Litigation CURTIS L. SHENKMAN Board Certified Real Estate Attorney BROOKE A. SMITH Personal Injury & Litigation DESANTIS, GASKILL, SMITH & SHENKMAN, P.A. ATTORNEYS & COUNSELORS AT LAW ESTABLISHED U.S. HIGHWAY ONE, SUITE 100 NORTH PALM BEACH, FLORIDA TELEPHONE (561) FACSIMILE (561) LEGAL ASSISTANTS CIVIL TRIAL, PROBATE AND FAMILY LAW KAREN M. B.LOPATOSKY SENIOR PARALEGAL MINDY VASSER, SECRETARY PERSONAL INJURY ROBIN B. MODLIN, CP TERRI L. VLASSICK REAL ESTATE ANGEL AUGUST JUDY D. MONTEIRO DENISE B. PAOLUCCI ADMINISTRATOR CURTIS L. SHENKMAN Loxahatchee River Environmental Control District D. Albrey Arrington, Exec. Dir. and Board Members 2500 Jupiter Park Drive Jupiter, FL RE: PENDING LITIGATION STATUS REPORTS Dear Board Members: We are enclosing herewith a brief status report relating to all litigation in which the Loxahatchee River Environmental Control District is presently involved. This status report updates the last monthly status report previously submitted and consists of a summary of the record proceedings which have occurred in each of the pending cases since last month. There are no analyses of the pending cases included, as the inclusion of such items might constitute a waiver of any attorney/client privilege that exists between our firm and the District. Therefore, if you would like to discuss the particulars of any specific case in more detail or would like to obtain more information concerning the strategy, status, or settlement posture of any of the individual cases, please feel free to contact me. As always, we are available at any time to discuss any of these lawsuits with each individual Board Member by telephone or by conference, if there are any questions. /kmb Attachments cc: Curtis L. Shenkman, Esquire Respectfully submitted, /s/ Timothy W. Gaskill TIMOTHY W. GASKILL
2 OTHER LITIGATION Mary Lou Atkinson & Cakes & Candy v Loxahatchee River Envir Control District, Board Members; D. Albrey Arrington and George W. DiCarlo Owner: Property: Case No CA XXXXMBAO TYPE OF Civil COMMENCEMENT: 11/13/13 Notified of Service of Summons/Complaint upon District Action civil suit 11/13/13 Complaint filed; service made on LRC and currently being made on all other named Defendants 12/13/13 Notice of Appearance on behalf of all Defendants (LRD; Board Members; Exec. Dir; Engineering Dir); 1/8/14 Motion to Dismiss filed; waiting for response from Liability insurance defense counsel to advise re representation for District, Board Members, Director etc. 2/14/14 Waiting for Liability insurance company to advise regarding representation 3/11/14 Waiting for Court s Order re Motion to Dismiss EBHC, LLC v Rodney B Taylor et al Owner: EBHC, LLC (via Tax Deed /Taylor/) TYPE OF Suit to Quiet Title after receipt of Tax Deed Action to quiet title Encon named for lien interest Property: 110 N Delaware Blvd #16B. Case No CC XXXXMBAG 11/13/13 Complaint filed; service made on LRD 12/3/13; and currently being made on all other named Defendants 12/13/13 Notice of Appearance filed on behalf of Defendants; Answer and Affirmative Defenses prepared and being filed re District s lien interest survive Tax Deeds 1/8/14 Monitoring for activity; 2/14/14 EBHC to satisfy District s claims in lieu of opposition to quiet title action 3/11/14 Settled with EBHC; waiting for payment in satisfaction of outstanding liens LIEN FORECLOSURES NONE
3 Bank of America v. Violet B. Kamal. et al Owner: Violet B Kamal Property: 6960 Palm Gardens St. Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest COMMENCEMENT: 10/4/12; Notified of Service of Summons/Complaint upon District served 3/19/13 11/2/12 Bank of America filed a Complaint to Foreclose Mortgage naming Encon for its lien interest; District served with Complaint 10/15/12; Notice of Appearance filed; Answer, Affirmative Defenses & Counterclaim/Crossclaim action filed; 3/10/13 Interrogatories served on Plaintiff re Plaintiff s claim to superiority;. 6/10/13 Motion to Compel Answers to Interrogatories filed 7/16/13 Hearing held on Motion Compel and Court Order entered granting Motion 8/8/13 No Answers to Interrogatories filed by Plaintiff; Filing Motion for Contempt against Plaintiff 9/11/13 Motion for Contempt and Sanctions filed re M/Compel Answers to Interrogatories against Plaintiff 10/11/13 Hearing set for LRD s Motion Contempt/Sanctions re production responses 11/11/13 Awaiting response to settlement offer in lieu of hearing on Motion for Contempt and hearing on Plaintiff s objections to Interrogatories filed 12/13/13 Opposing counsel advised to make payment for settlement of District s claims. Awaiting confirmation and payment information. 1/8/14 Plaintiff filed Notice of Dropping LRD from suit; awaiting payment from Plaintiff for settlement of LRD s fees and costs for defense in lieu of hearing 2/14/14 Payment in full received; file being closed 3/11/14 FILE CLOSED
4 JPMorgan Chase v Armand Raymond. et al Loxahatchee River Envir Control District Owner: Armand Raymond Property: 6779 Palm Gardens. Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest 7/16/13 JPMorgan Chase filed Complaint to Foreclose Mortgage naming Encon for its lien interest; District served with Complaint; Notice of Appearance filed; Answer, Affirmative Defenses, Counterclaim/Crossclaim filed; Crossdefendants in process of being served 8/8/13 Plaintiff granted 20 day extension for filing answer to LRD s Counterclaim and Affirmative Defenses; 9/11/13 Plaintiff failed to provide Order; no Answer filed to date; Hearing being scheduled for Plaintiff s Motion for Extension; 10/11/13 Notice of Hearing filed for Plaintiff s Motion for Extension to file answer to Counterclaim; 11/11/13 Plaintiff given extension to file Answer; awaiting response for settlement thru satisfaction of District s liens 12/13/13 Paid in full; processing payment; preparing for filing Notice of Voluntary Dismissal and Release of Lis Pendens; Plaintiff to file Notice of Dropping LRD as defendant. 1/8/14 Monitoring for Plaintiff s Notice dropping LRD as defendant (paid all liens thru 4 th /13) 2/14/14 Plaintiff s filed Motion for Summary Judgment; still monitoring for Notice dropping LRD from suit in lieu of opposition to Motion. 3/11/14 Monitoring for hearing on Summary Judgment and sale.
5 Wells Fargo Bank v. Carmine A. Dellasala, Jr. et al Loxahatchee River Envir Control District Owner: Carmine A. Dellasala, Jr Property: 5620 Old Mystic Ct. Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest COMMENCEMENT: 1/25/13; Notified of Service of Summons/Complaint upon District served 2/7/13 2/11/13 Wells Fargo Bank filed an Complaint to Foreclose Mortgage naming Encon for its lien interest; District served with Complaint 2/7/13; Notice of Appearance filed; 3/8/13 LRECD s Answer and Affirmative Defenses Filed; 4/10/13 No change in status; in discovery stages of case. 5/10/13 6/12/13 Preparing and forwarding demand to Plaintiff s counsel for satisfaction amounts due in lieu of opposition to Plaintiff s foreclosure action 7/16/13 Awaiting Plaintiff s response re payment outstanding liens in lieu of continued opposition to foreclosure 8/8/13 No Reply received from Plaintiff in response to LRD s Affirmative Defenses; 9/11/13 No response received re Affirmative Defenses; Interrogatories to be served on Plaintiff regarding Plaintiff s claim of superiority; 10/11/13 Case in discovery stages; DellaSalla s Installment Agreement is current in payments; 11/11/13 Continuing to monitor, 12/13/13 No change in status, continuing to monitor 1/8/14 Case set for Trial; continuing to monitor re status of Installment Agreement payments; DellaSalla filed Motion for continuance of trial; awaiting hearing 2/14/14 Plaintiff dropped LRD as party defendant as District s claims superior. File to be monitored for any foreclosure judgment and/or sale. 3/11/14 File to be closed
6 Wilmington Trust NA v Jonathan Dennis; Leslie Stockton. et al Loxahatchee River Envir Control District Owner: Jonathan Dennis; Leslie Stockton Property: 39 Willow Rd. Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest 6/26/13 7/16/13 Wilmington Trust Complaint to Foreclose Mortgage naming Encon for its lien interest; District served with Complaint Notice of Appearance filed; Answer, Affirmative Defenses, Counterclaim/Crossclaim filed; Crossdefendants in process of being served 8/8/13 Plaintiff dropped LRD from foreclosure; LRD still awaiting service on crossdefendants; will send demand to Plaintiff for payment all outstanding amounts due in lieu of continued counterclaim proceedings against Plaintiff 9/11/13 Plaintiff failed to provide Order; no Answer filed to date; Hearing being scheduled for Plaintiff s Motion for Extension; 10/11/13 Notice of Hearing filed for Plaintiff s Motion for Extension to file answer to Counterclaim; 11/11/13 Plaintiff given extension for filing Answer; Awaiting response re settlement thru satisfaction of District s liens 12/13/13 Prepared for filing Motion for Court s Default against Plaintiff Wilmington Trust for failure to file answer to LRD s Counterclaim; continuing to attempt service on other defendants 1/8/14 Plaintiff filed Answer and Affirmative Defenses to LRD s CounterPetition; Response filed to Plaintiff s Affirmative Defenses; 2/14/14 Continuing to monitor foreclosure; letter sent to Plaintiff s attorney re settlement thru payment of District s liens 3/11/14 Plaintiff s counsel awaiting consent of client for possible settlement.
7 Ethan F. Vonzamft v Rodney B Taylor; Linda Taylor et al Loxahatchee River Envir Control District Owner: Rodney B. Taylor Property: 110 N Delaware Blvd #16B. Case No CC XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest 2/27/12 Vonzamft filed Complaint to Foreclose Mortgage naming Encon for its lien interest; 5/10/12 District served with Complaint; Notice of Appearance filed; Answer, Affirmative Defenses, filed; Vonzamft requested payoff statement offer for payment per Plaintiff s attorney to avoid LRD s prosecution/counterclaim; action on hold pending payments per agreement 6/10/13 Failed to comply with payment agreement; demand for payment to Plaintiff prior to filing Counterclaim made; case stayed as Defendant Taylor filed bankruptcy 7/10/13 11/11/13 No change in status 12/13/13 No change in status; stayed due to bankruptcy 1/ /14/14 No change in status; stay still in place 3/11/14 No change in status stay still in place TYPE OF COMMENCEMENT: EBHC LLC v Rodney B Taylor; Linda Taylor et al Loxahatchee River Envir Control District Owner: EBHC Property: 110 N Delaware Blvd #16B. Case No CA XXXXMBAG Quiet Title action by new owner subsequent to foreclosure Service of Summons/Complaint upon District 11/25/13 Quiet Title action filed by EBHC LLC 12/13/13 District served with Complaint; Notice of Appearance filed; Answer, Affirmative Defenses, filed; 1/10/14 Monitoring case for activity; No change in status 2/14/14 Plaintiff s attorney contacted attorneys and agreed to make payment of District s liens to avoid opposition to quiet title action; awaiting payment 3/11/14 Awaiting payment in settlement of outstanding liens from EBHC through its counsel
8 Bank of America v Daniel Sypek et al Loxahatchee River Envir Control District Owner: Daniel Sypek Property: 510 Sunrise Way, Juno Beach Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest 1/10/14 LRD served with Complaint to Foreclose Mortgage naming Encon for its lien interest (original filing by BOA was 5/11/10) 2/14/14 Notice of Appearance filed; Plaintiff s filed Notice Dropping LRD from suit. No further action required in this file 3/11/14 File to be closed. Citimortgage Inc v. Anthony & Pernilla Askew et al Loxahatchee River Envir Control District Owner: Anthony & Pernilla Askew Property: Gulfstream Dr.. Case No CA XXXXMBAW TYPE OF Mortgage Foreclosure by Lender, Encon named for its (possible) lien interest 1/10/14 Mortgage foreclosure action 2/14/14 District served with Complaint; Notice of Appearance filed; Answer and Affirmative Defenses filed; (only current quarter services due) 3/11/14 Case in discovery stages, continuing to monitor
DESANTIS, GASKILL, SMITH & SHENKMAN, P.A.
CONRAD J. DESANTIS Business & Real Estate Also Admitted in Pennsylvania TIMOTHY W. GASKILL Business, Probate Family Litigation DONALD R. SMITH Personal Injury & Wrongful Death Commercial Litigation CURTIS
March 9, I will bring the originals to be signed at the Governing Board meeting. Thereafter the District will record in the Public Records.
CONRAD J. DESANTIS Business & Real Estate Also Admitted in Pennsylvania TIMOTHY W. GASKILL Business, Probate Family Litigation DONALD R. SMITH Personal Injury & Wrongful Death Commercial Litigation CURTIS
By: D. Albrey Arrington, Ph.D. EXECUTIVE DIRECTOR
RETURN TO: WC-53 Curtis L. Shenkman, Esquire DeSantis, Gaskill, Smith & Shenkman, P.A. 11891 U.S. Highway One North Palm Beach, Florida 33408 PENDING LIEN NOTICE 10828 WHISPERING PINES TRL. ASSESSMENT
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