IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CORRECTED ORDER ON TEMPORARY INJUNCTION

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1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEP ARTMEN'T OF LEGAL AFFAIRS, STATE OF FLORIDA, Plaintiff, CASE NO. CACE (03) vs. ROLLADEN, INC., a Florida corporation, and ROBERT HOFFMAN, an individual, Defendants. CORRECTED ORDER ON TEMPORARY INJUNCTION THIS MATTER came before this Court on August 23, 2011, on the Motion for Temporary Injunctive Relief with Notice ("Injunction Motion") filed herein by the Plaintiff, Office of the Attorney General, Department of Legal Affairs, State of Florida ("Department"), and the subsequently filed Agreed Motion to Enter Order on Temporary Injunction ("Agreed Motion"), and the Court having considered the papers and being advised of the agreement of the parties to the relief set forth herein, the Court make the following fmdings of fact: 1. Defendants, Rolladen, Inc. and Robert Hoffman (collectively "Defendants") were formally served with the Complaint and the Injunction Motion, received reasonable notice of the hearing and were provided an opportunity to be heard. The Department and Defendants have reached agreement on the relief requested in the Complaint and the Injunction Motion and consent to the entry of this Order oli Temporary Injunction. 2. Rolladen, Inc. ("Rolladen") is an active Florida corporation with its principal place of business registered as 550 Ansin Blvd., Hallandale, Florida }1

2 3. Robert Hoffman is an individual sui generis residing in the State of Florida at 5618 Riviera Drive, Coral Gables, Florida Robert Hoffman is the President and Director of Rolladen. 4. The Department has alleged that the practices of the Defendants constitute unfair, deceptive and unconscionable trade practices that are likely to deceive consumers in the State of Florida seeking installation of hurricane shutters or storm windows to protect their homes. Department further alleges that such consumers have been deceived by Rolladen's misrepresentations as to the timing of installation, the status of permit applications, and Rolladen' s ability to provide the products and installation services. Defendants deny any wrongdoing and specifically deny the allegations of unfair, deceptive or unconscionable trade practices as asserted by the Department. Based upon the aforesaid findings of fact, the agreement of the parties, and in resolution of the pending Injunction Motion and the Agreed Motion, it is hereby CONSIDERED, ORDERED and ADJUDGED as follows: 1. The Court hereby enjoins Defendants, as well Rolladen's successors, assigns, directors, officers, employees, agents, and servants, and those persons in active concert or participation with them who receive actual notice of this Order, directly or indirectly, from the following until further Order of the Court: a. Marketing, advertising, selling, or contracting for the installation of hurricane shutters, impact windows, or any other installation of home improvement or home repair product; nothing in this subsection shall preclude Defendants from marketing, advertising, selling or contracting for the sale of products without installation, and/or the repair of such products, provided such acts or practices comply with the remainder of this Order and any other applicable laws or regulations; 2 ~

3 b. Marketing, advertising, selling or contracting for the sale of hurricane shutters, impact windows, or any other home improvement or home repair product to a consumer in the State of Florida without clearly and conspicuously disclosing that installation is not included and must be separately arranged for and paid for by the consumer; c. Misrepresenting the actual or estimated delivery date of any products or services sold or provided by Defendant(s) without the actual ability (including as to financial ability, inventory supply, and labor availability) to perform within the dates provided; 1 d. Failing to refund consumer's deposit in full promptly upon demand in the event that Defendants have failed or, due to circumstances within their control, are unable to provide the purchased products or services within the promised or estimated delivery date of any purchased products or services; or e. Destroying, mutilating, concealing, altering, or disposing of, in any manner, Rolladen, Inc.' s books, records, contracts, financial records, consumer files and financial information, regardless of the manner in which it is stored, for a period of two (2) years from the date of this Order. 2. During the pendency of this Order, Defendants may affect a change in the form of doing business, or the organizational identity of any of the existing business entities, or create any new business entities, provided such change is not made solely to avoid the terms and conditions set forth in this Order. 1 In estimating the date of delivery, Defendants will not be deemed to have made misrepresentations within the meaning of Paragraph c to the extent that they acted in good faith and with commercial reasonableness. Moreover, Defendants also will not be deemed to have violated this Order or the provisions of Paragraph c to the extent that their inability to meet an estimated delivery date is due to a force majeure or other unanticipated circumstances beyond the Defendants' reasonable control. 3 fq)i}

4 3. This Order is not a waiver of any private rights of any person or release of any private rights, causes of action, or remedies of any person against Defendants or any other person or entity. 4. Defendants will pay full and complete (100%) refunds to all consumers who paid monies or deposits to Rolladen for products or services since January 1, 2008 but who have not received the contracted for products and/or services as of the date of this Order ("Refund Consumers"). A listing of those known consumers is attached hereto as Exhibit A, which shall be supplemented if nece.ssary to include any additional consumers that qualify as Refund Consumers as defined herein and/or other updates. 5. No later than forty-five (45) of the date of the entry of this Order, Defendants shall place the total amount of said refunds, namely $787, ("Restitution Amount"), in trust with Greenburg Traurig, 333 S.E. 2nd Ave., Miami, FL ("Escrow Agent"), who, in tum, shall certify their receipt of said funds, in writing, to the Department. 6. Within ninety (90) days of the date of this Order, counsel for Defendants shall send refund checks to each of the Refund Consumers, via first class mail, at their last known address of record, based upon the records reasonably available to Defendants, along with a copy of the letter attached hereto as Exhibit B. 7. In the event that a mailing to a consumer is returned as undeliverable, Defendants' counsel shall mail the refund check to the forwarding address, if one is provided by the United States Postal Service. If a forwarding address is not provided by the United States Postal Service, Defendants' counsel shall make reasonable attempts to locate a more current address for the consumer and thereafter attempt to redeliver the check and letter. In the event that a refund check is returned a second time, the funds reflected in that check shall be turned over in full to 4 {flv?

5 the Department for further due diligence in locating the consumer; if the consumer cannot be located, the unclaimed funds will revert to the Department. 8. No later than December 31, 2011, Defendants' counsel shall file a notarized affidavit certifying that they have fully discharged their obligations under Paragraph Nos. 4 through 7 of this Order, and Defendants' counsel shall submit documentary evidence to the Department sufficient to demonstrate the issuance and negotiation of the required refund payments. 9. Defendants shall pay $40,000 (forty thousand dollars) to the State of Florida, Office of the Attorney General, Department of Legal Affairs, pursuant to Section , Florida Statutes, in payment of attorneys' fees, costs and investigative fees regarding this matter to date and costs of future investigations. All payments shall be made by cashier's check or other certified funds, made payable to Department of Legal Affairs Revolving Trust Fund within thirty (30) days of the date of this Order. 10. If this Order is fully performed by the Defendants, following submission of the notarized affidavit referenced in Paragraph 8, the Court will enter an Order (a) extending the temporary injunction provisions of Paragraph I of this Order for the period of one (1) year; (b) requiring Defendants to submit a notarized affidavit to the Department evidencing all necessary licensures and approvals by the Florida Department of Business and Professional Regulation prior to Defendants (or their agents, assigns or successors) marketing, advertising, selling, or contracting for the installation of the applicable hurricane shutters, impact windows, or similar products, ( c) closing this action pursuant to settlement between the parties, and ( d) preserving the Court's jurisdiction to enforce the terms of this Order upon the filing of an appropriate motion by the Department of an alleged violation and reasonable notice to Defendants and an opportunity to appear and be heard. 5 f..({ij

6 11. However, in the event that Defendants violate any provision of this Order prior to the entry of the injunction Order referenced in Paragraph I 0, with time being of the essence in all respects, the Court shall enter forthwith the Consent Final Judgment and Injunction attached as Exhibit C to the Agreed Motion without the need of any further notice, hearing or submission of evidence. 12. Notwithstanding any other provision of this Order, nothing herein shall be construed to impair, compromise or affect any right of any government agency other than the Office of the Attorney General for the State of Florida. 13. This document is signed in anticipation of the Order being submitted to the Court for approval, without necessity of hearing, which is hereby WAIVED by all parties. 14. The signatures below indicate the parties' consent and agreement to this Order on Temporary Injunction: 6 a@

7 o an, individually iviera Drive, Coral Gables, Florida STATE OF FLORIDA ) COUNTY OF BROW ARD ) BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, Robert Hoffman, personally appeared, i duall, and as President of Rolladen, Inc. a Florida corporation. He acknowle~ge<jj before e at he ~uted the foregoing instrument for the purposes therein stated on the B.Jl day of, Subscribed to before me this /l/uday of 201 Personally known---.~ or Produced Identification (check one) Type of Identification Produced: Witnessed: By: --=~r-~i:=-====--...:.._-v--~ Robert Dady,, Florida Bar No Siegfried, Rivera, Lerner, De la T e, & Sobel, P.A. 201 Alhambra Circle, Suite 110 Coral Gables, Florida {rn

8 By.~,.,1~.+f-+---"'~-""'==~~~~- Rene D. H ori Assistant Attorney General I I 0 S.E. 6th Street, 9th Floor Fort Lauderdale, FL (954) {954) facsimile Dated: _&> / J,_ll _ s...,... ~"""r, Economic Crimes Division Department of Legal Affairs Office Of The Attorney General The Capitol Tallahassee, FL (850) Dated: 10~// SO ORDERED. Approved and Entered in Chambers in Broward County, Florida this_ day of August, 201 I. MlY RODRIGUEZ POWELL AUG By. ~~~~~~~~~~~~ Circuit C~tft! COPY. 8