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. GROGAN 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 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. Respectfully submitted, /kmb Attachments cc: Curtis L. Shenkman, Esquire TIMOTHY W. GASKILL
2 OTHER LITIGATION In Re Estate of Israel Marquez et al Loxahatchee River Envir Control District Owner: Estate of Israel Marquez Property: 911 Hawie St. Case No CP XXXXSBIY COMMENCEMENT: Service of Summons/Petition 11/24/14 District served with Petition re Homestead and Real Property as Estate Asset; Filed Answer and Affirmative Defenses; Hearing to be held 12/10/14-1/6/15 No change in status 2/3/15 No change in status 3/6/15-5/11/15 No change in status; monitoring probate action; monitoring for activity; 6/8/15 No change in status LIEN FORECLOSURES NONE
3 MORTGAGE FORECLOSURES / ENCON CROSSCLAIMS (continued) Bank of NY/Mellon et al Loxahatchee River Envir Control District (Roseann George) Owner: Jupiter Village Town Homes COA Property: 113 Sherwood Crl, #25A Case No CA XXXXMBAW 8/7/14 Mortgage foreclosure action; District served with Complaint; Notice of Appearance; Designation of addresses filed; Answer, Affirmative Defenses and Counterclaim/Crossclaim to be filed 9/9/14 Answer, Affirmative Defenses and Counterclaim/Crossclaim Complaint filed; parties being served 10/14/14 Case in discovery stages. 11/11/14 No change in status 12/10/14 Making demand upon Plaintiff for settlement in lieu of District s foreclosure of mortgage interest 1/6/15 Motion for Default against CounterDefendant, Bank N.Y., and Cross Defendant Jupiter Village TownHomes COA being filed for failure to file any response to District s Counterclaim Complaint 2/3/15 Extension for Plaintiff s answer granted. Providing information for settlement payoff 3/6/15 Received full payment in settlement of LRD s claims by Bank of NY/Mellon; Satisfactions and Voluntary Dismissal being prepared and filed. 4/7/15 Filing Voluntary Dismissal and Release of Lis Pendens as to LRD Counterclaim/Crossclaim; paid in full through 1 st /15 5/11/15 Continuing to Monitor for dismissal of LRD and Final Judgment/Sale 6/8/15 Continuing to monitor for dismissal of LRD and Final Judgment/Sale
4 Antigua at Town Center HOA v Diane L. Ryan et al Loxahatchee River Envir Control District Owner: Diane L. Ryan Property: 1526 Corbison Point Place Case No CA XXXXMBAW 11/11/14 Mortgage foreclosure action; District served with Complaint; Notice of Appearance; Designation of addresses filed; Answer, Affirmative Defenses and Counterclaim/Crossclaim to be filed 12/10/14 Defendant Ryan requested extension for answer; Awaiting Order for 20 days extension 1/6/15 Discovery stages; hearing on Ryan s Motion for Extension pending; proposed Agreed Order pending 2/3/15 Motion for Default filed; awaiting hearing 3/6/15 Received full payment in settlement of LRD s claims by US Bank (3 rd Party Defendant); Satisfactions and Voluntary Dismissal being prepared and filed as to US Bank and LRD s liens. 4/6/15 Awaiting response regarding filing of a Notice of Dropping Party (LRD) by Plaintiff; Vol Dismissal filed as to 3 rd Party Defendant US Bank; paid in full through 1 st /15 quarter; 2 nd /15 still due 5/11/15 LRD dropped by Plaintiff; File to be closed 6/8/15 File CLOSED
5 MORTGAGE FORECLOSURES / ENCON CROSSCLAIMS (continued) Wells Fargo et al Loxahatchee River Envir Control District Owner: Courtney Horne Property: Limestone Creek Rd. Case No CA XXXXMBAW 3/25/15 Mortgage foreclosure action; District served with Complaint; but missing Amended Verified Complaint; 4/7/15 Notice of Appearance; Notice of Designation and service address filed; Requested and request Amended Verified Complaint from Plaintiff s counsel omitted from Service; Answer, Affirmative Defenses and Counterclaim/Crossclaim to be filed; 5/11/15 Awaiting response re settlement; LRD dropped as party defendant from Lender s foreclosure action; 6/8/15 Received full payment in settlement of LRD s claims by Wells Fargo; Satisfactions prepared and filed. Preparing and filing Voluntary Dismissal of LRD s Counterclaim/Crossclaim action and monitoring for dismissal of LRD by Plaintiff; Central Mortagage et al Loxahatchee River Envir Control District Owner: Peter S Moss Property: 242 Thatch Palm Circle W Case No CA XXXXMBAW 3/25/15 Mortgage foreclosure action; District served with Complaint; Notice of Appearance; Notice of Designation and service address filed 4/7/15 Notice of Appearance; Notice of Designation and service address filed; Answer, Affirmative Defenses and Counterclaim/Crossclaim to be filed; 5/11/15 Plaintiff/Lender dropped LRD from foreclosure action; Awaiting response re settlement offer in lieu of LRD s continued counterclaim/crossclaim action 6/8/15 Awaiting response to followup offer for settlement from Plaintiff of LRD s outstanding liens.
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
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