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					Case 0:11-cv-61332-WJZ Document 1                   Entered on FLSD Docket 06/13/2011 Page 1 of 5



                                  UNITED STATES DISTRICT COURT
                                  SOUTHERN DISTRICT OF FLORIDA

                                                   CASE NO.

 DANIEL J. STERMER, as Receiver for Laura
 Hess & Associates, P.A., Hess Kennedy,
 Consumer Law Center, Legal Debt Center,
 Campos Chartered Law Firm, et al.,

          Plaintiff,

 vs.

 STEVEN VANDERHOOF,

       Defendant.
 _______________________________________/

                                                COMPLAINT

          DANIEL J. STERMER, as the court appointed and duly acting Receiver (“Receiver”) of

 Laura Hess & Associates, P.A., Hess Kennedy Chartered LLC, The Consumer Law Center, LLC,

 Hess Kennedy Company Chartered, Consumer Recovery Team, Hess Kennedy Holdings, Ltd.,

 Legal Debt Center, LLC, Hess Kennedy Florida, Hess Kennedy Chartered, Hess Kennedy, LLC,

 Hess Kennedy Payment, Hess Kennedy Trust Company, The Consumer Law Center, LC, Hess

 Kennedy Florida, Hess Kennedy Trust Account, Global Payment Processing, LLC, and Campos

 Chartered Law Firm, and related entities (collectively, “Receivership Entities”), pursuant to the

 Ex-Parte Order Appointing Receiver entered by the Circuit Court of the Seventeenth Judicial

 Circuit in and for Broward County, Florida, on July 18, 2008 (“Receivership Order”) (Case No.

 08-007686(08)), hereby sues STEVEN VANDERHOOF (“Vanderhoof”), individually and

 alleges as follows:




                                                   Boca Raton      Fort Lauderdale     Miami     Tallahassee

  350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954-525-9900 Facsimile 954-523-2872
Case 0:11-cv-61332-WJZ Document 1                   Entered on FLSD Docket 06/13/2011 Page 2 of 5



                                      JURISDICTION AND VENUE

          1.      The amount in controversy exceeds $75,000 exclusive of fees and costs.

          2.      The Receivership Entities are businesses and fictitious names registered to do

 business in the State of Florida. The Receiver is authorized to bring this Action on behalf of the

 Receivership Entities by virtue of the Receivership Order, attached hereto as Exhibit A, and Fla.

 Stat. Ann. §§ 501.207(3) and 501.204.

          3.      Defendant Vanderhoof is an adult, is a resident of Santa Ana, California, and is

 sui juris.

          4.      This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332.

          5.      Venue is proper because Defendant’s acts and omissions at issue occurred within

 this District, the monetary obligations being enforced were payable in this District, and this

 Complaint is filed under the authority of the Receivership Order which emanated within this

 District.

                                       FACTUAL ALLEGATIONS

          6.      The Receiver sued The Credit Exchange Corporation, a California Corporation,

 and Credit Exchange LLC, a California Limited Liability Company and successor in interest to

 The Credit Exchange Corporation (referred to collectively as “Credit Exchange”) in the action

 styled Daniel J. Stermer as Receiver, et al, v. Credit Exchange Corporation, and Credit

 Exchange LLC, a California Limited Liability Company and successor in interest, Case No.: 09-

 60223-CIV-ZLOCH/SNOW, in the United States District Court, Southern District of Florida,

 Case No.: 09-60223-CIV-ZLOCH/SNOW, seeking to recover monies paid to Credit Exchange

 by the Receivership Entities in violation of Florida law.



                                                          -2-

                                                    Boca Raton     Fort Lauderdale      Miami    Tallahassee

  350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954 -525-9900 Facsimile 954-523-2872
Case 0:11-cv-61332-WJZ Document 1                   Entered on FLSD Docket 06/13/2011 Page 3 of 5



          7.      On or about July 26, 2010 the Receiver entered into the Settlement Agreement

 (“Settlement Agreement”) with Vanderhoof and Credit Exchange whereby Credit Exchange

 stipulated to a final judgment in the amount of Sixteen Million, Three Hundred Eighty Eight

 Thousand, Eight Hundred Twenty Dollars and Three Cents ($16,388,820.03). A true and correct

 copy of the Settlement Agreement is attached hereto as Exhibit B.

          8.      The Settlement Agreement was ratified by the Court through the Stipulated Final

 Judgment, entered by the Court on July 28, 2010. A true and correct copy of the Stipulated Final

 Judgment is attached hereto as Exhibit C.

          9.      The Parties agreed in paragraph 3 of the Settlement Agreement that the Receiver

 would not execute upon the Stipulated Final Judgment entered against Credit Exchange provided

 that, among other material covenants, Credit Exchange made payment to the Receiver in the

 amount of $750,000.00 through payments of $25,000.00 per month from July 2010 through

 December 2010, to be followed by monthly payments in the amount of $15,000.00 for an

 additional forty (40) months (the “Guaranteed Obligations”), after which Credit Exchange would

 receive a Satisfaction of Judgment. See Exhibit B, at paragraph 3.

          10.     Vanderhoof, although not a party to the above referenced litigation, agreed to give

 a limited personally guaranty of the performance owed by Credit Exchange, including its

 payment obligation, pursuant to the Settlement Agreement, by providing his own Limited

 Guaranty. A true and correct copy of the Limited Guaranty (“Guaranty”), is attached hereto as

 Exhibit D.

          11.      All conditions precedent to bring this action have been performed, attempted, or

 waived, or would be futile to attempt.



                                                          -3-

                                                    Boca Raton     Fort Lauderdale      Miami    Tallahassee

  350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954 -525-9900 Facsimile 954-523-2872
Case 0:11-cv-61332-WJZ Document 1                   Entered on FLSD Docket 06/13/2011 Page 4 of 5



          12.     On or about December 25, 2010, payment of $25,000.00 was due and owing to

 the Receiver by Credit Exchange pursuant to the Settlement Agreement, but Credit Exchange

 failed and refused to make the December 25, 2010 payment. In addition to not making the

 December 25, 2010 payment, Credit Exchange has not made any further payments to the

 Receiver as required by the Settlement Agreement.

          13.     The Receiver gave formal notice of the default to Credit Exchange in accordance

 with the requirements of the Settlement Agreement. Despite timely notice, however, Credit

 Exchange has failed to cure its default. A true and correct copy of the Receiver’s notice of

 default to Credit Exchange is attached hereto as Exhibit E.

          14.     In accordance with the terms of the Guaranty, Credit Exchange’s default of the

 Settlement Agreement is a default of the Guaranty. See Exhibit C.

          15.     Although notice of default is waived by Vanderhoof pursuant to the Guaranty, the

 Receiver did provide Notice of Credit Exchange’s default to Vanderhoof, but Vanderhoof

 refused to cure by making payment as required by the Guaranty. A true and correct copy of the

 Receiver’s notice of default to Vanderhoof is attached hereto as Exhibit F.

          16.     Pursuant to the terms of the Guaranty, Vanderhoof agreed to pay “70% of the

 amount of any unpaid balance of the Guaranteed Obligations.” See Exhibit D, at page 1.

          17.     The current unpaid principal balance of the Guaranteed Obligations owed to the

 Receiver, pursuant to paragraph 3 of the Settlement Agreement, is $625,000.00.

          18.     Based on the terms of the Guaranty, Vanderhoof owes the Receiver the principal

 amount of $437,500.00.

          19.     The Receiver has employed Berger Singerman, P.A. to prosecute this claim and

 has agreed to pay his counsel a reasonable fee. Vanderhoof, as Guarantor under the Guaranty,
                                                          -4-

                                                    Boca Raton     Fort Lauderdale      Miami    Tallahassee

  350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954 -525-9900 Facsimile 954-523-2872
Case 0:11-cv-61332-WJZ Document 1                   Entered on FLSD Docket 06/13/2011 Page 5 of 5



 agreed to pay all costs of enforcement and collection of the Guaranty, including reasonable

 attorney’s fees. See Exhibit D, at page 2.

             WHEREFORE, Receiver DANIEL J. STERMER hereby demands judgment against

 STEVEN VANDERHOOF for damages, interest, attorneys’ fees, costs of suit, and all such other

 and further relief as the Court may deem just and appropriate under the circumstances.


                                                                Respectfully submitted,


                                                                By: s/Anthony J. Carriuolo
                                                                Anthony J. Carriuolo, Fla. Bar 434541
                                                                acarriuolo@bergersingerman.com
                                                                Andrew M. Hinkes, Fla. Bar 17848
                                                                ahinkes@bergersingerman.com
                                                                BERGER SINGERMAN
                                                                350 East Las Olas Blvd., Suite 1000
                                                                Fort Lauderdale, FL 33301
                                                                (954) 525-9900 Telephone
                                                                (954) 523-2872 Facsimile
                                                                Attorneys for Receiver Daniel J. Stermer

                                      CERTIFICATE OF SERVICE

             I hereby certify that on June 13, 2010, I electronically filed the foregoing document with

 the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served

 this day on all counsel of record or pro se parties identified on the attached Service List in the

 manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF

 or in some other authorized manner for those counsel or parties who are not authorized to receive

 electronically Notices of Electronic Filing.


                                                     By: s/ Anthony J. Carriuolo
                                                        Anthony J. Carriuolo

 3711263-4

                                                          -5-

                                                    Boca Raton      Fort Lauderdale     Miami    Tallahassee

  350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954 -525-9900 Facsimile 954-523-2872
              Case 0:11-cv-61332-WJZ Document 1-1
 2JS 44 (Rev. 12/07)
                                                                                      Entered on FLSD
                                                                              CIVIL COVER SHEET Docket 06/13/2011 Page 1 of 1
 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
 by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
 the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

 I. (a) PLAINTIFFS                                                                                              DEFENDANTS
DANIEL J. STERMER, as receiver for Laura Hess & Associates, PA, et al.                                           STEVEN VANDERHOOF


      (b) County of Residence of First Listed Plaintiff               Broward                                   County of Residence of First Listed Defendant                Orange County, CA
                                (EXCEPT IN U.S. PLAINTIFF CASES)                                                                                (IN U.S. PLAINTIFF CASES ONLY)
                                                                                                                        NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
                                                                                                                               LAND INVOLVED.

      (c) Attorney’s (Firm Name, Address, and Telephone Number)                                                  Attorneys (If Known)
Anthony J. Carriuolo, Berger Singerman, P.A., 350 E. Las Olas Blvd., Suite
1000, Ft. Lauderdale, FL 33301; (954) 525-9900

 II. BASIS OF JURISDICTION                             (Place an “X” in One Box Only)               III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
                                                                                                             (For Diversity Cases Only)                                         and One Box for Defendant)
 u 1     U.S. Government                  u 3 Federal Question                                                                        PTF         DEF                                          PTF      DEF
           Plaintiff                            (U.S. Government Not a Party)                           Citizen of This State         u 1         u 1      Incorporated or Principal Place      u 4     u 4
                                                                                                                                                           of Business In This State

 u 2     U.S. Government                  u 4 Diversity                                                 Citizen of Another State          u 2     u    2   Incorporated and Principal Place     u 5      u 5
           Defendant                                                                                                                                          of Business In Another State
                                                   (Indicate Citizenship of Parties in Item III)
                                                                                                        Citizen or Subject of a           u 3     u    3   Foreign Nation                       u 6      u 6
                                                                                                          Foreign Country
 IV. NATURE OF SUIT                       (Place an “X” in One Box Only)
           CONTRACT                                              TORTS                                    FORFEITURE/PENALTY                          BANKRUPTCY                     OTHER STATUTES
 u   110 Insurance                        PERSONAL INJURY                  PERSONAL INJURY              u 610 Agriculture                   u 422 Appeal 28 USC 158           u   400 State Reapportionment
 u   120 Marine                       u    310 Airplane                 u 362 Personal Injury -         u 620 Other Food & Drug             u 423 Withdrawal                  u   410 Antitrust
 u   130 Miller Act                   u    315 Airplane Product               Med. Malpractice          u 625 Drug Related Seizure                28 USC 157                  u   430 Banks and Banking
 u   140 Negotiable Instrument                 Liability                u 365 Personal Injury -               of Property 21 USC 881                                          u   450 Commerce
 u   150 Recovery of Overpayment      u    320 Assault, Libel &               Product Liability         u 630 Liquor Laws                     PROPERTY RIGHTS                 u   460 Deportation
        & Enforcement of Judgment              Slander                  u 368 Asbestos Personal         u 640 R.R. & Truck                  u 820 Copyrights                  u   470 Racketeer Influenced and
 u   151 Medicare Act                 u    330 Federal Employers’             Injury Product            u 650 Airline Regs.                 u 830 Patent                              Corrupt Organizations
 u   152 Recovery of Defaulted                 Liability                      Liability                 u 660 Occupational                  u 840 Trademark                   u   480 Consumer Credit
         Student Loans                u    340 Marine                    PERSONAL PROPERTY                    Safety/Health                                                   u   490 Cable/Sat TV
         (Excl. Veterans)             u    345 Marine Product           u 370 Other Fraud               u 690 Other                                                           u   810 Selective Service
 u   153 Recovery of Overpayment               Liability                u 371 Truth in Lending                      LABOR                     SOCIAL SECURITY                 u   850 Securities/Commodities/
         of Veteran’s Benefits        u    350 Motor Vehicle            u 380 Other Personal            u 710 Fair Labor Standards          u 861 HIA (1395ff)                        Exchange
 u   160 Stockholders’ Suits          u    355 Motor Vehicle                  Property Damage                 Act                           u 862 Black Lung (923)            u   875 Customer Challenge
 u   190 Other Contract                        Product Liability        u 385 Property Damage           u 720 Labor/Mgmt. Relations         u 863 DIWC/DIWW (405(g))                  12 USC 3410
 u   195 Contract Product Liability   u    360 Other Personal                 Product Liability         u 730 Labor/Mgmt.Reporting          u 864 SSID Title XVI              u   890 Other Statutory Actions
 u   196 Franchise                             Injury                                                        & Disclosure Act               u 865 RSI (405(g))                u   891 Agricultural Acts
        REAL PROPERTY                        CIVIL RIGHTS                PRISONER PETITIONS             u 740 Railway Labor Act               FEDERAL TAX SUITS               u   892 Economic Stabilization Act
 u   210 Land Condemnation            u    441 Voting                   u 510 Motions to Vacate         u 790 Other Labor Litigation        u 870 Taxes (U.S. Plaintiff       u   893 Environmental Matters
 u   220 Foreclosure                  u    442 Employment                     Sentence                  u 791 Empl. Ret. Inc.                      or Defendant)              u   894 Energy Allocation Act
 u   230 Rent Lease & Ejectment       u    443 Housing/                    Habeas Corpus:                     Security Act                  u 871 IRS—Third Party             u   895 Freedom of Information
 u   240 Torts to Land                        Accommodations            u 530 General                                                             26 USC 7609                         Act
 u   245 Tort Product Liability       u    444 Welfare                  u 535 Death Penalty                   IMMIGRATION                                                     u   900Appeal of Fee Determination
 u   290 All Other Real Property      u    445 Amer. w/Disabilities -   u 540 Mandamus & Other          u 462 Naturalization Application                                              Under Equal Access
                                              Employment                u 550 Civil Rights              u 463 Habeas Corpus -                                                         to Justice
                                      u    446 Amer. w/Disabilities -   u 555 Prison Condition               Alien Detainee                                                   u   950 Constitutionality of
                                              Other                                                     u 465 Other Immigration                                                       State Statutes
                                      u    440 Other Civil Rights                                            Actions




 V. ORIGIN                  (Place an “X” in One Box Only)                                                                                                                                    Appeal to District
 u 1 Original            u 2 Removed from                    u 3 Remanded from                     u 4 Reinstated or u 5 Transferred from u 6 Multidistrict
                                                                                                                         another district                                           u 7 Judge from
                                                                                                                                                                                        Magistrate
     Proceeding                 State Court                             Appellate Court                Reopened                               Litigation
                                                                                                                         (specify)                                                            Judgment
                                             Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
                                              28 U.S.C. § 1332
 VI. CAUSE OF ACTION Brief description of cause:
                                             Breach of Guaranty Agreement
 VII. REQUESTED IN     u CHECK IF THIS IS A CLASS ACTION       DEMAND $                                                                                 CHECK YES only if demanded in complaint:
      COMPLAINT:          UNDER F.R.C.P. 23              437,500.00                                                                                     JURY DEMAND:         u Yes     ✔ No
                                                                                                                                                                                       u
 VIII. RELATED CASE(S)
                        (See instructions):
       IF ANY                               JUDGE WILLIAM J. ZLOCH                                                                              DOCKET NUMBER 09-60223-CIV-ZLOCH

 DATE                                                                       SIGNATURE OF ATTORNEY OF RECORD
   06/13/2011                                                             s/Anthony J. Carriuolo
 FOR OFFICE USE ONLY

     RECEIPT #                   AMOUNT                                        APPLYING IFP                                       JUDGE                           MAG. JUDGE
    Case 0:11-cv-61332-WJZ Document 1-2                         Entered on FLSD Docket 06/13/2011 Page 1 of 1

AO 440 (Rev. 12/09) Summons in a Civil Action


                                     UNITED STATES DISTRICT COURT
                                                                 for the
                                                     Southern District of Florida
                                                  __________ District of __________

DANIEL J. STERMER, as Receiver for Laura Hess &
             Associates, P.A., et al.
                                                                   )
                                                                   )
                             Plaintiff
                                                                   )
                                v.                                 )       Civil Action No.
                  STEVEN VANDERHOOF                                )
                                                                   )
                            Defendant
                                                                   )


                                                  SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) STEVEN VANDERHOOF
                                         1503 S Coast Dr., Ste 319, Costa Mesa, CA 92626-1528; OR

                                         4 Hutton Centre Dr., Ste 1000, Santa Ana, CA 92707-8788




          A lawsuit has been filed against you.

         Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Anthony J. Carriuolo
                                         Andrew M. Hinkes
                                         BERGER SINGERMAN
                                         350 East Las Olas Blvd., Suite 1000
                                         Fort Lauderdale, FL 33301
                                         (954) 525-9900 Telephone

       If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.



                                                                               CLERK OF COURT


Date:
                                                                                        Signature of Clerk or Deputy Clerk
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