Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 1 of 15

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-00275-JLK DOMINICK PAOLONI, et al., Plaintiffs, vs. DONALD I. GOLDSTEIN, et al., Defendants, and NBSA, LLC, et al., Relief Defendants. ______________________________________________________________________________ RECEIVER'S MOTION TO EMPLOY LEGAL COUNSEL ______________________________________________________________________________ COMES NOW, Scott A. Elk, the court-appointed Receiver for Defendant, Blue Paper, Inc., and moves this Court for authorization to employ legal counsel to represent the interest of Blue Paper, Inc. in the following matters: A. State of Florida, Broward County Environmental Protection Department, Stephen

L. Lustig, Petitioner v. Broward County and the State of Florida Department of Environmental Protection, Respondents. Attached hereto as Exhibit A is the Petition for Formal Administrative Hearing filed by Petitioner, Stephen L. Lustig. B. State of Florida, Department of Environmental Protection, Stephen L. Lustig,

Petitioner v. Broward County and the State of Florida Department of Environmental Protection, Respondents. Attached hereto as Exhibit B is the Petition for Formal Administrative Hearing.

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 2 of 15

C.

In the Circuit Court for the 17th Judicial Circuit in and for Broward County,

Florida, Stephen L. Lustig, Plaintiff v. Blue Paper, Inc., Defendant, Case No. 07015804. Attached hereto as Exhibit C is the Verified Complaint for Temporary and Permanent Injunctive Relief. D. Stephen L. Lustig, the purchaser of Unit No. 1 of the Blue Paper Property, has

continuously and repeatedly violated and breached the Declaration of Covenants and Restrictions for 900 Hillsboro Mile which Declaration of Covenants and Restrictions Stephen Lustig agreed to comply with. Breaches and violation of the Declaration of Covenants and Restrictions for 900 Hillsboro Mile by Stephen Lustig are causing a diminution in value of Unit Nos. 2, 3, and 4 of the Blue Paper Property currently owned by Blue Paper, Inc. The Receiver seeks this Court's authorization to employ the law firm of Dill Dill Carr Stonbraker & Hutchings, P.C. and Elk, Christu & Bakst, LLP to represent the interests of Blue Paper, Inc. in the above matters. The Receiver also seeks the authorization of this Court to employ additional counsel with special expertise in administrative proceedings before the Florida Department of Environmental Protection, with respect to issues raised in the administrative proceedings filed by Stephen L. Lustig (Exhibits A and B attached hereto) and issues involving Florida riparian rights and water law issues as raised in the Broward County Circuit Court case (Exhibit C attached hereto). Further, Petitioner seeks authorization of this Court regarding payment of fees and expenses to such legal counsel and the terms upon which the Receiver and/or others with interests in the property owned by Blue Paper, Inc., including the Plaintiffs herein, may be reimbursed for any fees and expenses advanced to the Receiver for payment to such counsel. In support of this Motion, the Receiver states as follows:

2

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 3 of 15

1.

On April 24, 2007, this Court entered its Order Appointing Scott A. Elk as

Receiver [Docket Entry 937]. Pursuant to this Order Appointing Scott A. Elk as Receiver, the Receiver was authorized to do the following: (a) To take control of all property, real, personal or mixed, of Blue Paper,

Inc., including any assets or funds wherever located. (b) To protect and preserve the Blue Paper Property, including, but not limited

to, overseeing completion of construction of the property, advertising, listing and selling the Blue Paper Property and to do any and all acts necessary and/or incidental to the preservation and protection of the assets of the Blue Paper Property and the sale of the townhome units located on the Blue Paper Property. (c) To incur reasonable expenses to engage, employ and/or designate persons

necessary to assist in carrying out the Receiver's duties and responsibilities. (d) To make application to this Court for costs, fees and expenses for services

describing in reasonable detail the nature of the services performed and the extent to which funds are available from Blue Paper, Inc. Further, the Order Appointing Scott A. Elk as Receiver provides that, to the extent Blue Paper, Inc. lacks adequate funds to pay costs, fees and expenses of the Receiver, then Viatical Administrators, Inc. shall pay such costs, fees and expenses and be repaid as soon as Blue Paper, Inc. possesses funds to pay all or any portion of such fees, costs and expenses. 2. To date, the Receiver, with the assistance of Viatical Administrators, Inc. and Dill

Dill Carr Stonbraker & Hutchings, P.C., has accomplished the following: (a) Completion of construction of the townhome units located upon the Blue

Paper Property, with the exception of certain "punch list" items.

3

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 4 of 15

(b)

Unit No. 1 of the townhome units located upon the Blue Paper Property

was sold to Stephen A. Lustig on May 23, 2007. As a result of the sale of Unit No. 1, sufficient proceeds were generated so as to allow completion of construction of Unit Nos. 2, 3 and 4, except for "punch list" type items. In addition, net proceeds from the closing of the sale of Unit No. 1 were distributed to the Plaintiffs in this action and the construction lender, BankUnited FSB, approximately in accordance with their respective lien interests in the Blue Paper Property. (c) The Receiver has located and arranged for a listing of Unit Nos. 2, 3, and

4 of the Blue Paper Property with Premier Estate Properties, a real estate company specializing in million dollar plus properties in southern Florida. (d) The claims and liens of Vita Trematerra to certain portions of the Blue

Paper Property have been resolved so as to permit the sale of Unit Nos. 2, 3, and 4 of the Blue Paper Property. 3. Subsequent to the sale of Unit No. 1 to Stephen Lustig on May 23, 2007, Stephen

Lustig has engaged in actions and conduct which are adverse to the interests of Blue Paper, Inc., the Plaintiffs herein, and BankUnited FSB, including the following: (a) causing Blue Paper, Inc. unwarranted fees and expenses, (b) rendering Unit Nos. 2, 3 and 4 unsaleable for their fair market value, and (c) delaying and impairing the sale of Unit Nos. 2, 3 and 4, resulting in an ongoing and continuing increase in the lien amounts of the Plaintiffs herein and BankUnited FSB. The acts of Stephen Lustig derive from the following facts and circumstances: (a) Upon the closing of the sale of Unit No. 1 to Stephen Lustig, pursuant to

requirements of the Town of Hillsboro and the original platting of the townhouse project, in addition to the actual footprint of the townhouse unit, each townhouse unit receives fee simple title to adjacent land to the mean high water mark of the intercoastal waterway which the Blue

4

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 5 of 15

Paper Property adjoins. Unit No. 1 purchased by Stephen Lustig has, as part of the townhome unit, a private pool located immediately adjacent to Unit No. 1. (b) After an extensive permitting process through the United States Army

Corps of Engineers, on or about April 26, 2004, Joseph Ieracitano, as a permittee, received permission to construct a "T-shaped" dock adjacent to the Blue Paper Property. The dock, as permitted by the United States Army Corps of Engineers was not the original design sought by Mr. Ieracitano but represents the only design which the United States Army Corps of Engineers would approve. Further, the United States Army Corps of Engineers dictated the precise location of the T-shaped dock. The T-shaped dock originates from property owned in fee simple by Stephen Lustig, the owner of Unit No. 1 of the Blue Paper Property. (c) In order to provide access to the existing dock to future owners of Unit

Nos. 2, 3, and 4, 900 Hillsboro Mile, Inc., the homeowner's association entity, has applied for the necessary permits to construct a walkway over the water from common area property and connecting to the existing dock. walkway appropriately marked. See Exhibit D attached hereto with the proposed access In furtherance thereof, the Broward County Florida

Environmental Protection Department issued an Environmental Resource License to 900 Hillsboro Mile, Inc., the homeowner's association for the Blue Paper Property. (See Exhibit E attached hereto.) Mr. Ieracitano, through 900 Hillsboro Mile, Inc., has also sought, from the Florida Department of Environmental Protection, a Letter of Exemption for the access walkway pursuant to Chapter 18-21, Sovereignty Submerged Lands Management of the Florida Administrative Code. This application for Letter of Exemption is currently pending before the Florida Department of Environmental Protection.

5

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 6 of 15

(d)

Stephen Lustig has expressed to Mr. Ieracitano his objection to the use of

the dock by any future Unit Nos. 2, 3 and 4 owners for reason that Mr. Lustig's girlfriend likes to sunbathe topless and/or naked by his private pool. Anyone walking from the dock to the land would look directly into Mr. Lustig's pool area and have the opportunity to view his girlfriend sans clothes. In order to resolve this issue, Mr. Ieracitano offered to approve Mr. Lustig's construction of an additional privacy fence and/or privacy landscaping which would prevent persons who exit the dock from viewing Mr. Lustig's private pool area. Mr. Lustig rejected all such proposals apparently on the basis that he desires to sit by his pool and enjoy the view of both his girlfriend and his boat at the dock at the same time. (e) Mr. Lustig has advised Mr. Ieracitano that Mr. Ieracitano should pursue an

alternative dock access and/or alternative dock for owners of Unit Nos. 2, 3, and 4 effectively giving Mr. Lustig his own private dock access and dock. As Mr. Ieracitano previously attempted to obtain authorization from the United States Army Corps of Engineers for a more extensive dock than was approved, any such efforts on Mr. Ieracitano's part would be futile. (f) In an effort to stop Blue Paper, Inc., 900 Hillsboro Mile and Mr. Ieracitano

from providing access to the existing T-shaped dock for the future owners of Unit Nos. 2, 3 and 4, Mr. Lustig has filed the two administrative proceedings (Exhibit A and Exhibit B attached hereto) in an effort to prevent the Florida Department of Environmental Protection from

issuance of a Letter of Exemption which would permit construction of the access walkway to the existing dock for future owners of Unit Nos. 2, 3 and 4. In a further effort to prevent the future owners of Unit Nos. 2, 3, and 4 from accessing the existing dock through a to-be-constructed access walkway, Mr. Lustig has filed the Broward County Circuit Court case (Exhibit C attached hereto). Since filing the case, Mr. Lustig has not sought hearing on his request for temporary

6

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 7 of 15

injunction, apparently knowing full well that simply the pendancy of the action contesting access to the dock will prevent any sale of Unit Nos. 2, 3 and 4 at fair market value. 4. All efforts to resolve this matter with Mr. Lustig have proved futile. The Receiver

believes that without guaranteed access to the owners of Unit Nos. 2, 3, and 4, Unit Nos. 2, 3, and 4 cannot be sold for any amount even approaching their fair market value, if at all. Thus, the Receiver believes that it is necessary for Blue Paper, Inc. to take appropriate action before the Florida Department of Environmental Protection for purposes of obtaining the issuance of the Letter of Exemption and/or other appropriate authorization which will satisfy all administrative requirements to allow construction of the access walkway. In addition, the Receiver believes Blue Paper, Inc. must take immediate action in response to the Broward County Circuit Court case filed by Stephen Lustig against Blue Paper, Inc. for purposes of fully resolving access rights to the existing dock. 5. In addition to the foregoing actions of Mr. Lustig, Mr. Lustig has, since his

purchase of Unit No. 1 of the Blue Paper Property, continuously violated the Declaration of Covenants and Restrictions for 900 Hillsboro by the construction of additions and purported improvements to the exterior of Unit No. 1 in violation of the Declaration of Covenants and Restrictions for 900 Hillsboro Mile. In particular, Mr. Lustig has violated such Declaration of Covenants and Restrictions for 900 Hillsboro Mile in the following respects: (a) He has removed existing landscaping, patios and walkways which were

originally designed and constructed to create an aesthetic and uniform look and appearance to the entire Blue Paper Property, and replaced them with landscaping and materials inconsistent with the aesthetic look and design of the Blue Paper Property, without permission, as required by the

7

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 8 of 15

homeowner's association. Such actions have the effect of causing a diminution in value of Units No. 2, 3 and 4. (b) Stephen Lustig has installed outdoor cameras on the exterior of Unit No. 1

which have the ability to invade the privacy of the owners of Unit Nos. 2, 3 and 4 while utilizing the exterior of their property as well as common areas. Such invasion of privacy causes a diminution of the value of Unit Nos. 2, 3 and 4. Mr. Lustig installed such cameras without the required permission of the homeowner's association. (c) Mr. Lustig has installed outdoor speakers surrounding his unit, thus

subjecting the owners of Unit Nos. 2, 3 and 4 to loud music of Mr. Lustig's choosing, again invading the privacy of the owners of Unit Nos. 2, 3 and 4. Such speakers were installed without the required permission and consent of the homeowner's association. The effect of the

installation of such speakers causes a diminution of value of Unit Nos. 2, 3 and 4. 6. Blue Paper, Inc. and 900 Hillsboro Mile have demanded that Mr. Lustig remove

the speakers and cameras, which he has refused to do. Blue Paper, Inc. and 900 Hillsboro Mile have demanded that Mr. Lustig replace and restore to original condition the original landscaping, walkways and patios surrounding Unit No. 1, which he has refused to do. In order to prevent a diminution in value of Unit Nos. 2, 3, and 4, it is necessary that Blue Paper, Inc., the owner of the property, take appropriate action to enforce the Declaration of Covenants and Restrictions for 900 Hillsboro Mile. 7. Blue Paper, Inc. has a meritorious claim under Florida law of easement by

necessity across the land currently owned by Stephen Lustig for purposes of permitting the future owners of Unit Nos. 2, 3 and 4 to access the existing dock. In order to protect the value of Unit

8

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 9 of 15

Nos. 2, 3 and 4 of the Blue Paper Property, it is necessary for Blue Paper, Inc. to make an appropriate claim against Stephen Lustig for easement by necessity under Florida law. 8. In order to accomplish the foregoing, it is necessary that Blue Paper, Inc. retain

qualified and competent counsel to represent its interests. The Receiver desires to hire Dill Dill Carr Stonbraker & Hutchings, P.C., Elk, Christu & Bakst, LLP and additional counsel to represent the interests of Blue Paper, Inc. with respect to the foregoing matters. The Receiver believes that the retention of Dill Dill Carr Stonbraker & Hutchings, P.C. and Elk, Christu & Bakst, LLP represents the most efficient manner in retaining competent counsel to resolve this matter. Both firms are already familiar with the facts and circumstances surrounding the

foregoing matters and many of the legal issues involved. 9. In addition to the retention of Dill Dill Carr Stonbraker & Hutchings, P.C. and

Elk, Christu & Bakst, LLP, the Receiver believes it is necessary to retain special counsel with expertise in riparian rights issues and water law issues involving the Florida Department of Environmental Protection and similar issues raised in the Broward County Circuit Court litigation. The Receiver desires to retain the services of additional counsel who the Receiver knows by experience and reputation in the community has such special expertise. 10. Blue Paper, Inc. has no funds or assets from which to pay for fees and expenses of

counsel the Receiver believes is necessary to protect the Blue Paper Property and the interests of Blue Paper, Inc., the Plaintiffs herein and BankUnited FSB in the Blue Paper Property. The Receiver seeks authority to incur legal fees and expenses with Dill Dill Carr Stonbraker & Hutchings, P.C., Elk, Christu & Bakst, LLP, and additional counsel with expertise in riparian rights and water law issues (collectively the "Law Firms") in connection with the foregoing matters. In order to provide for payment of such fees and expenses, the Receiver has obtained

9

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 10 of 15

the agreement of Viatical Administrators, Inc. to pay at least a percentage of such fees and expenses equal to the pro rata lien interest of the Plaintiffs in this action in the Blue Paper Property. The Receiver is currently seeking the agreement of BankUnited FSB, the construction lender, to reimburse the Receiver for such fees and expenses incurred with the Law Firms in the amount of its pro rata lien interest in the Blue Paper Property. In the absence of BankUnited FSB contributing its pro rata share toward reimbursement to the Receiver of legal fees and expenses incurred, the Receiver believes that Viatical Administrators, Inc. may be willing to advance to the Receiver the full amount of legal fees and expenses so as to be able to retain the Law Firms. In the event Viatical Administrators, Inc. and/or BankUnited FSB advances monies to pay legal fees and expenses incurred by the Receiver, the Receiver believes it is necessary and appropriate that any such advances be repaid from the sale of the next townhome unit sold. 11. The law firm of Dill Dill Carr Stonbraker & Hutchings, P.C. is currently adverse

to Blue Paper, Inc. in pending litigation in the United States District Court for the District of Colorado in the above-captioned action. The Receiver understands there are no currently

pending claims of the Plaintiffs in the above-captioned action who are represented by Dill Dill Carr Stonbraker & Hutchings, P.C. against Blue Paper, Inc. as the matters pending relate to enforcement of the terms of a court-ordered Settlement Agreement. Further, the Receiver has determined that with respect to the matters set forth herein involving Stephen Lustig, the interests of Blue Paper, Inc. and the Plaintiffs in this action who are represented by Dill Dill Carr Stonbraker & Hutchings, P.C. are aligned. 12. Elk, Christu & Bakst, LLP is currently adverse to Blue Paper, Inc. in litigation

pending in the Broward County Circuit Court in the matter of Viatical Administrators, Inc. v. Joseph Ieracitano and Blue Paper, Inc., Case No. 0706613-25. The subject matter of the

10

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 11 of 15

litigation is the foreclosure of a deed of trust held by Viatical Administrators, Inc. upon the personal residence of Joseph Ieracitano. This Deed of Trust was granted by Joseph Ieracitano to Viatical Administrators, Inc. to secure the obligations of Blue Paper, Inc. and Joseph Ieracitano pursuant to the court-ordered Settlement Agreement in the above-captioned case. The Receiver has determined that the interests of Viatical Administrators, Inc., who are represented by Elk, Christu & Bakst, LLP, are aligned with that of Blue Paper, Inc. with respect to matters set forth herein concerning Stephen Lustig. 13. The Receiver has been advised that Dill Dill Carr Stonbraker & Hutchings, P.C.

has reviewed the Colorado Rules of Professional Conduct and, in particular, Rule 1.7. After review of Rule 1.7, the Receiver has been advised by Dill Dill Carr Stonbraker & Hutchings, P.C. that they believe they can represent the interests of Blue Paper, Inc. with respect to the matters set forth herein concerning Stephen Lustig with the informed consent of Blue Paper, Inc. As the court-appointed Receiver of Blue Paper, Inc. and after being fully informed with respect to the facts and circumstances concerning the representation of the Plaintiffs by Dill Dill Carr Stonbraker & Hutchings, P.C. in the above-captioned litigation and the proposed representation of Dill Dill Carr Stonbraker & Hutchings, P.C. of Blue Paper, Inc. with regard to matters involving Stephen Lustig as set forth herein, I consent to the representation of Blue Paper, Inc. by Dill Dill Carr Stonbraker & Hutchings, P.C. as set forth herein, for the reasons set forth herein. 14. Eric Christu of Elk, Christu & Bakst, LLP has reviewed Florida Rule of

Professional Conduct 4-1.7 which is substantially similar to Colorado Rule of Professional Conduct 1.7. After consultation with Mr. Christu concerning the representation of Viatical Administrators, Inc. by Elk, Christu & Bakst, LLP and the matters upon which the Receiver is

11

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 12 of 15

requesting authorization to retain Elk, Christu & Bakst, LLP on behalf of Blue Paper, Inc., upon the receipt of the informed consent of Blue Paper, Inc., Elk, Christu & Bakst can represent the interests of Blue Paper, Inc. with respect to the matters involving Stephen Lustig set forth herein. As Receiver of Blue Paper, Inc., I consent to the representation of Elk, Christu & Bakst, LLP of Blue Paper, Inc. with respect to the matters set forth herein upon the terms set forth herein. 15. Although the Receiver believes that under the existing Order Appointing Scott A.

Elk as Receiver, he can consent, on behalf of Blue Paper, Inc., to the relief requested herein, the Receiver has sought the consent to the relief requested herein of Joseph Ieracitano who has consented to such relief. (See Exhibit F attached hereto.) WHEREFORE, for the reasons set forth herein, the Receiver respectfully requests the Court order as follows: A. That the Receiver retain Dill Dill Carr Stonbraker & Hutchings, P.C. on behalf of

Blue Paper, Inc. to represent, as determined to be necessary and appropriate by the Receiver, the interests of Blue Paper, Inc. with respect to the administrative proceedings filed by Stephen Lustig (Exhibits A and B attached hereto), to represent Blue Paper, Inc. with respect to Broward County Circuit Court case (Exhibit C attached hereto), to represent Blue Paper, Inc. with respect to Stephen Lustig's violations of the Declaration of Covenants and Restrictions of 900 Hillsboro Mile, and to represent Blue Paper, Inc. in assertion of any other claims of Blue Paper, Inc. against Stephen Lustig, including, but not limited to, a claim of easement by necessity. B. That the Receiver retain Elk, Christu & Bakst, LLP on behalf of Blue Paper, Inc.

to represent, as determined to be necessary and appropriate by the Receiver, the interests of Blue Paper, Inc. with respect to the administrative proceedings filed by Stephen Lustig (Exhibits A and B attached hereto), to represent Blue Paper, Inc. with respect to Broward County Circuit

12

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 13 of 15

Court case (Exhibit C attached hereto), to represent Blue Paper, Inc. with respect to Stephen Lustig's violations of the Declaration of Covenants and Restrictions of 900 Hillsboro Mile, and to represent Blue Paper, Inc. in assertion of any other claims of Blue Paper, Inc. against Stephen Lustig, including, but not limited to, a claim of easement by necessity. C. That the Receiver retain additional counsel on behalf of Blue Paper, Inc. to

represent, as determined to be necessary and appropriate by the Receiver, the interests of Blue Paper, Inc. with respect to the administrative proceedings filed by Stephen Lustig (Exhibits A and B attached hereto) and to represent Blue Paper, Inc. with respect to Broward County Circuit Court case (Exhibit C attached hereto). D. That the Receiver be authorized to incur reasonable fees and expenses on behalf

of Blue Paper, Inc. and that Blue Paper, Inc. be responsible for payment of all such fees and expenses to Dill Dill Carr Stonbraker & Hutchings, P.C., Elk, Christu & Bakst, LLP and additional counsel. E. That to the extent that Blue Paper, Inc. lacks adequate assets and funds to

reimburse the Receiver for fees and expenses incurred with Dill Dill Carr Stonbraker & Hutchings, P.C., Elk, Christu & Bakst, LLP and additional counsel, and, in the event Viatical Administrators, Inc. and/or BankUnited FSB advances to the Receiver funds to pay such fees and expenses from the sale of the next townhome unit located upon the Blue Paper Property, any such expense advancements be repaid to the person and/or entity who advanced such expenses to the Receiver. F. For any other further relief deemed just and proper under the circumstances.

13

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 14 of 15

Respectfully submitted, DILL DILL CARR STONBRAKER & HUTCHINGS, P.C.

s/ John A. Hutchings John A. Hutchings Robert A. Dill 455 Sherman Street, Suite 300 Denver, Colorado 80203 Telephone: (303) 777-3737 Facsimile: (303) 777-3823 E-mail: [email protected] [email protected] FOR RECEIVER, SCOTT A. ELK CERTIFICATE OF SERVICE I hereby certify that on August 3, 2007 I electronically filed the foregoing RECEIVER'S MOTION TO EMPLOY LEGAL COUNSEL with the Clerk of Court using CM/ECF System, which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected]

and I hereby certify that I have mailed the RECEIVER'S MOTION TO EMPLOY LEGAL COUNSEL to the following non-CM/ECF participants by depositing same in the United States mail, postage prepaid, addressed to the following on August 3, 2007: Akerman Senterfitt 350 East Las Olas Boulevard Suite 1600 Ft. Lauderdale, Florida 33301 Gary Hoskie Professional Consultants & Managers, Inc. P.O. Box 644320 Vero Beach, Florida 32954-4320

Mr. Isadore Cohen 1920 East Hallandale Boulevard Suite 626 Hallandale, Florida 33009
Mr. Lee V. Twyford 7100 NW 43rd Avenue Pompano Beach, Florida, 33073-3115

14

Case 1:01-cv-00275-JLK

Document 948

Filed 08/03/2007

Page 15 of 15

Larry K. Griffis, Esq. Jaffe, Raitt, Heuer & Weiss, P.C. 27777 Franklin Road, Suite 2500 Southfield, Michigan 48034-8214 Mark Wolok Surety Marketing Source LLC 4190 Telegraph Road, #2500 Bloomfield Hills, MI 48302-2079

Mr. Joseph Ieracitano Blue Paper, Inc. 2608-10 North Ocean Boulevard Pompano Beach, Florida, 33062

s/ Charlene Huffman

15