IN THE CIRCUIT COURT OF THE FIFTEENTH.JUDICIAL ClRClJIT IN AND FOR PALM BEACH COUNTY, FLORIDA FINAL CONSENT JUDGMENT

Transcription

1 IN THE CIRCUIT COURT OF THE FIFTEENTH.JUDICIAL ClRClJIT IN AND FOR PALM BEACH COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, Plaintiff, vs. Case No CA AB CEEBRAID-SIGNAL CORPORATION, BOCA EAST, LLC, CSC BOCA LIMITED PARTNERSHIP, CSC BOCA GP CORP., CEEBRAID-SIGNAL INVESTMENT COMPANY, L.J>., RICHARD SCHLESINGER, ADAM SCHLESINGER and JASON SCHLESINGER, Defendants. FINAL CONSENT JUDGMENT Plaintiff Office of the Attorney General, Department of Legal Affairs, State of Flol'ida (the "Department" or ''Plaintiff'). and Defendants CEEBRAID-SIGNAL CORPORATION, BOCA EAST, LLC, CSC BOCA LIMITED PARTNERSHIP, CSC BOCA GP CORP., CEEBRAID-SIGNAL INVESTMENT COMPANY, L.P., RICHARD SCHLESINGER, ADAM SCHLESINGER and JASON SCHLESINGER (the "Defendants"), enter into this Final Consent Judgment ("Judgment") for the purpose of resolying all is:>ues p~rtaining to tlte present cause. WHEREAS, Plaintiff initiated an investigation into the business acts and practices of the Defendants, and subsequently filed a complaint alleging Unfair and Deceptive Trade Practices pursuant to Florida Statutes Chapter 50 l, Part I1 ("FDUTPA''); WHEREAS, the Defendants are prepared to enter into this Judgment without any admission of any violation of FDUTPA or any other law and for the sole purpose of resolution of

2 the investigation and this lawsuit and expressly deny that they have violated FUDTPA in connection with the Boca East project; WHEREAS, the Court has made no findings that any of the Defendants engaged in acts or practices in violation of FDUTPA or any other law; WHEREAS, pursuant to court ordered mediation in this action, the Plaintiff and the Defendants have agreed to resolve all claims which were asserted or could have been asserted against the Defendants in the lawsuit; WHEREAS, the parties to this Judgment consider this a fair and equitable resolution of the claims or causes of action which \Vere asserted, or could have been asserted by any of them; THEREFORE, is hereby agreed as follmvs: 1. The Plaintiff and the Defendants enter into this Judgment for settlement purposes only and without any admission that the Defendants have violated any lavv, including but not limited to the FDUTPA claims asserted by the Plaintiff against the Defendants. 2. The Dcfondants shall pay the total sum of Fifty Thousand Dollars ($50,000.00) as settlement in full of any and alt claims that were or could have been asserted against the Defendants in this action (''Monetary Funds"), which amount shall be allocated by the Department in its sole discretion in accordance with (6), Florida Statutes. 3. Defendants shall pay the Monetary Funds into their counsel's trust account on or before the submission of this Judgment executed by the Department and all Defondants to the Court for entry of the J uclgment. Defendant's counsel shall confirm in writing to the Department the receipt of the Monetary Funds into his trust account. The lvlonetary Funds will be wired to the Department from the trust account of Defendants' counsel, at the writing instructions provided to the Defendants' counsel by the Department, upon entry of this Judgment by the 2

3 Court, Hafole, J. The parties shall cooperate in effecting the trnnsl'er. including providing notice to the undersigned counsel when the wire is sent. 4. Defendants' interest in the Monetary Funds paid in conjunction vvith this Judgment shall fully and completely divest when this Judgment is entered by the Court, Hafele, J. 5. This Judgment constitutes the full and final resolution of all claims which were asserted or could have been asserted in this Action against the Defendants. In consideration of the payment of the Monetary Funds described above and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Plaintiff acknowledges by execution hereof that this Judgment constitutes a complete settlement of the Plaintiff's claims against the Defendants, as well as their owners, officers, directors, shareholders. heirs, successors and assigns that arise from the set of operative facts asserted in the Complaint or as a result of the investigation which lead to the filing of the Complaint. Plaintiff further acknowledges that the investigation into Defendants' actions at Boca East is now closed. 6. Each party shall bear his/her/its own attorneys' fees and costs. except as expressly set forth herein. 7. This Judgment is intended to be and is a compromise between the parties and shall not be construed as an admission of liability by the Defendants. Neither this Judgment nor any part hereof shall be used in any other matter, litigation, dispute, or other proceeding other than an action to enforce the terms of this Judgment. 8. It is further agreed by the parties that the effective date of this Judgment shall be the elate of its execution and delivery by all the parties, including each of the parties reflected by the signature lines below. Acceptance by the 0±1ice of the Attorney General shall be established 3

4 i l is further the purposes of establishing of this J ADAM SCHLESINGER: Dak: STXlE OF J ldru::)j\ COl 1 \: l Y BEFORE \i1e, an officer duly authorl-:<.::d to take..._ , personally appeared, individually, and CE!WR\U)-SlG'.\,.\L ln\'estme1't COMPANY, LP., and bcfon: rn..: "':cuh:d th1.: foregoing!or the purpost:s therein stated on th\., 2011 and ;1bovc stah:mcnl is true and correct. or Prvduccd Identification Produced: to before me this '20 l. (check i (' ) CEEBRAID-SICNAI. CORPORATION: B\: MARY GIORGI NOTARY STATE

5 by the signature of the Associate Deputy Attorney General or the Director, Economic Crimes Division. 9. It is further agreed that facsimlle copies of signatures and notary seals may be accepted as original for the purposes of establishing the existence of this Judgment. This Judgment may be signed in counterparts, which together shall constitute one Judgment. JASON SCHLESINGER: Date: Date: ~t_2._[t1_{ 1-'-l Date: Lb-1.-(1~~-r-i/_1~( CEEB~NAL INVESTMENT COMPANY, L.P.: By µ;;;;~ Date: _/_i._t't_l_,,..t( ST ATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized to take acknowledgments in the State or Florida, A N Sehl,f>ll\ ftt', personally appeared, individually, and as He4t~~""'t of CEEBRAID-SIGNAL IN ESTMENT COMPANY, L.P., and ackno,vledged before me that he executed the Coregoing instrument for the purposes therein stated on the J}!:_ day of JJte~v.tbev- _, 2011 and that each above statement is true and correct. Personally known x_ or Produced Identification (check one) Type of Identification Produced:----!.-----,----- Subscribed to before me this ~clay o te*t v, * "'~' ~. MY:,::g: j ~o'\i1020 p;i~i!,missioned Notary Public) EXPIRES: November 15, 2013!!lor~Thru B~I Nol?<)' Se~i.;e.s 4

6 STA TE OF FLORIDA COUNTY OF PALM BEACH BEFORE Jv1E, ~m offi.cer duly authorized to take acknowledgments in the SJate of Florida, vn ~~les.1v1, personally appeared. individually. and as Pves1Je. lf_of CEEBRAID-SIGNAL C RPORATION, and acknowledged before De that he executed the foregoing instrument for the purposes therein stated on the _2l~~lay of f!<!tl'vtbev - 20 I I and that each above statement is true and correct. Personally known_x_ or Produced Identification ( check one) Type of Identification Produced:,,----- Subscribecl to before me this Cj ~day o -~"-----'--'----, l\A-----'-..L.-=i'-/ _(~~~~ ~~r----~-- e, or, tamp commissioned Notary Public) By: Date: J_Z,,_~\ ~""i~l ~H~----- STATE Of FLORIDA COUNTY Of PALM BEACH ) ) BAJ.ORE!VIE, ~n officer duly authorized to take_ 0cknowledgments in the. St0tc 9f Florida, a.wi. S;1b1, personally appeared. individually, and as MAM- /qe11' 1 Sf' BOCA EAST, LLC, an acknowledged before m~rnt he executed the foregoing ins rument for the purposes therein stated on the ~ day of ~e,m.bev-, 2011 and that each above statement is true and correct. Personally kno\vn1 or Produced Identification (check one) Type ofidentification Produced:.._, Subscribed to be tore me this. '/<-lay of 12_.Je~ ~Cl..V-l<'l+-4.;.&;;ie,:,.1'-- >~mm i "i oned N ota;"); Pub I ic),,~p ~ '!'~ht'<> DOROTIN J. HITI * ' ' * MY COMMISSION #DD EXPIRES: November 15, 2013 ~ Thru Bll<:lpl N-Oli!rf S<r,ice.; 5

7 PARTNERSHIP: By: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) B 'FORE,ME, ap officer duly authorized to take acknowledgments in the S, or J Florida, (l.wl ~kles1'aj,~, personally appeared, individually, and as 12 ~ of CSC BOCA LIMITED ARTNERSHIP 1 and acknowledged before n e that he executed the foregoing instrument for the purposes therein stated on the 9'~tiay of 1!.eM.. Y, 2011 and that each above statement is true and correct. Personally knownj_ or Produced Identification (check one) Type of Identification Produced: Subscribed to before me this J!d.av of, ~t.e~aev, r. /! ommissioned Notary Public)._!'~:~V.~~ 9 (1:> DOfiOTHY J. HITT * MYCOMWSSIONRDD931320,,. EXPIRES: Novembsr 15, 2013 ~j Tllru B~}Jll Not!ll'f Seilm STATE OF FLORIDA ) COUNTY OF PAUvl BEACH ) duly authorized to take acknowledgments in.,-.!hc. State of Florida, er _, personally appeared, individually, and as tffltd($1>-f of CSC BOCA GP COR., and acknowledged bw! e me t at he executed the foregoing instrument for the purposes therein stated on the _ day of Mdev, 2011 and that each above statement is true and correct. Personally known_x_ or Produced Identification- - Type ofidcntification Produced: (check one) Subscribed to before me this l"<lay of'"~ey-, print, typ,, ~~-:!nissioned Notary Public).,.0'>.';Y.'.'~ 0 <0 DOROTHY J. Hnl *.. * MY COMMISSION mo! EXPIRES: November 15, 2013!l\ill(l.;i) Thru St>~ Hc<ary Smioi~ 6

8 .. COUNSEL TO DEFENDANTS: Mark Bideau, Florida Bar No Counsel for the Defendants Greenberg Traurig, P.A. 777 S. Flagler Drive, Ste. 300 East West Palm Beach, FL Date:.r:Z:,<?5/ -1 J )' I THE STATE OF FLORIDA: By: ----.,:: ':::.._""'--H>--...'---,,,.'---- Fulvio Joseph entili, Flori Assistant Attorney General Economic Crimes Division.. Office of the Attorney Genera:! 11 O SE 6th Street, Suite I 000 Ft. Lauderdale, Florida By: Ricf.zdfi1.~~on~,~~i:?tr.'.ar~. ~6: 7. l;"',;6~5~08q;:5;- Direc fof the Economic Crimes Division Of of the Attorney General The Capitol Tallahassee, FL (850) Dated: / 7 /j!; -/// 2011 / 7 7

9 ENTRY OF JUDGMENT DONE and ORDERED in West Palm Beach, Palm Beach County, Florida this day of, cc:!vlark Bideau, Florida Bar No Counsel for the Defendants Greenberg Traurig, P.A. 777 S. Flagler Drive, Ste. 300 East West Palm Beach, FL Fulvio Joseph Gentili, Florida Bar No Assistant Attorney General Economic Crimes Division Office of the Attorney General 1 l 0 SE Street, Suite 1000 Ft. Lauderdale, Florida Circuit Judge Donak9\GN&iD & DA.lED DEC l \ 20\\ JUDGE. GLENN KELLE.>./ 8