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Exparte Motion to Compel Discovery

IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA

DEUTSCHE BANK NATIONAL TRUST CASE NO: 07-xxxx-CA
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I, INC., TRUST
2006-HE6, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-HE6,

Plaintiff,
vs.
D.O.
et. al.,
Defendant.
__________________________________/

DEFENDANTS’, De.O and Do.O, EX-PARTE MOTION TO COMPEL DISCOVERY

The Defendants, D.O., by and through undersigned counsel, moves this Honorable Court for an order compelling Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I, INC., TRUST 2006-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE6, to respond to Defendants’ discovery request and states as follows:

1. That on March 26, 2010, Defendants served a Request to Production to Plaintiff.

2. That no responses or objections have been filed by the Plaintiff as of this date.

3. The information is material for the defense of this case.

WHEREFORE, pursuant to the applicable Florida Rules of Civil Procedure and Administrative Order, Defendants respectfully request that this Court enter an Ex-Parte Order compelling the aforementioned discovery within fifteen (15) days from the date of this Order.

CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED that on September 13, 2010, a true and correct copy of the foregoing was faxed and mailed to: Michael J. Alterman, Esq., Law Office of David J. Stern, P.A., 900 S. Pine Island Road, Suite 400, Plantation, FL 33324-3920 [Attorneys for Plaintiff]; David E. Leigh, Esq., 5150 Tamiami Trail, North, Suite 501, Naples, FL 34103 [Attorney for Sherwood V., Inc.] and David Brian Levin, Esq., Adorno & Yoss LLP, 2525 Ponce de Leon Blvd Ste 400, Miami, Florida 33134-6044.

Attorney for Defendants
2100 E. Hallandale Beach Blvd.,
Suite 200
Hallandale Beach, Florida 3300
Telephone: (954)455-0800
Facsimile: (954) 455-9649

By__________________________________________
ALAN D. SACKRIN, ESQ. Florida Bar No. 349070
LARRY TOLCHINSKY, ESQ. Florida Bar No 021997

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IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA

DEUTSCHE BANK NATIONAL TRUST CASE NO: 07-0052-CA
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITALI, INC., TRUST 
2006-HE6, MORTGAGE PASS-THROUGH 
CERTIFICATES, SERIES 2006-HE6,
Plaintiff,
vs.
D.O.
et. al.,
Defendant.
__________________________________/

EX PARTE ORDER ON DEFENDANTS’, De.O. AND Do.O’S MOTION TO COMPEL DISCOVERY

THIS CAUSE having come on to be heard on Defendants’, De.O. AND Do.O’S, Ex Parte Motion to Compel Discovery, and the Court having considered same, under Local Rule, and being otherwise duly advised in the premises, it is

ORDERED AND ADJUDGED that the Ex-Parte Motion to Compel Discovery be and the same is hereby granted and Plaintiff is to respond within fifteen (15) days from the date of this Order. 

DONE AND ORDERED at Collier County, Florida, this ____ day of __________, 20__.

______________________________
CIRCUIT JUDGE

Copies furnished:
Alan D. Sackrin, Esq.
Larry S. Tolchinsky, Esq.
Michael J. Alterman, Esq.
David E. Leigh, Esq.
David Brian Levin, Esq.

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This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon if any foreclosure, deficiency judgment, short sale or any other real estate matter. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.

 

 

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