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Filing # 23663008 E-Filed 02/11/2015 05:02:43 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR JACKSON COUNTY, FLORIDA
CASE NO.: 2014-CA-000228
Deutsche Bank National Trust Company, as
Trustee, in Trust for Registered Holders of Long
Beach Mortgage Loan Trust 2006-10, Asset-
Backed Certificates, Series 2006-10,
Plaintiff,
vs.
Anthony Smith and Gwendolyn Smith,
Husband and Wife, et al.
Defendants.
/
MOTION FOR JUDICIAL DEFAULT
COMES NOW, the Plaintiff, Deutsche Bank National Trust Company, as Trustee, in
Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed
Certificates, Scries 2006-10, by and through its undersigned attorney, and moves for entry of
default in the above styled cause for failure of Defendants, ANTHONY SMITH and
GWENDOLYN SMITH, to file or serve an Answer to the Plaintiff’s Complaint filed on or
about April 14, 2014, and in support thereof, states as follows:
1 On or about June 30, 2014, Defendants, ANTHONY SMITH and
GWENDOLYN SMITH, filed a Motion for Extension of Time to Respond to the Complaint.
2 On or about January 2, 2015, this Court entered an Order Ratifying the
report of the General Magistrate dated December 17, 2014, which recommended that Defendants
shall file a Response to Plaintiff’s Complaint within thirty (30) days of the entry of the Order. A
Matter #76572
Electronically Filed Jackson Case # 14000228CAAXMX 02/11/2015 04:02:43 PM
copy of both the Report and Recommendation and Order Ratifying same are attached hereto as
Exhibit “A”,
3 To date, Defendants, ANTHONY SMITH and GWENDOLYN SMITH,
have failed to comply with this Court’s Order,
4 Therefore, Plaintiff is entitled to the entry of a default against the
Defendants, ANTHONY SMITH and GWENDOLYN SMITH, as a matter of law.
WHEREFORE, the Plaintiff, Deutsche Bank National Trust Company, as Trustee, in
‘Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed
Certificates, Series 2006-10, respectfully requests this Court enter an Order of Default as to the
Defendants, ANTHONY SMITH and GWENDOLYN SMITH, for failure to file or serve a
response within the time provided in court order dated January 2, 2015.
DATED this 11"" day of February, 2015.
¢s/ Nicole P. Planell
1 Nicole P, Planell, Esq. (72325)
Quintairos, Prieto, Wood & Boyer, P.A.
9300 S. Dadeland Blvd., 4TH Floor
Miami, Florida 33156
Telephone: 305-670-1104
Email: Nicole.planell@qpwblaw.com
Email: servicecopies@qpwblaw.com
Matter # 76572
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by United
States Mail and/or e-mail to the parties on the attached service list on this 11" day of February,
2015.
/sf Nicole P. Planell
a Nicole P. Planell, Esq. (72325)
Quintairos, Prieto, Wood & Boyer, P.A.
9300 S. Dadeland Blvd., 4TH Floor
Miami, Florida 33156
Telephone: 305-670-1104
Email: Nicole.planell@qpwblaw.com
Email: servicecopies@qpwblaw.cor
SERVICE LIST
FLORIDA FORECLOSURE LAW GROUP
6365 N.W. 6! WAY, SUTIE #2010
FT, LAUDERDALE, FLORIDA
33309
service@floridaforeclosurelg.com
SHAPIRO FISHMAN &
GACHE, LLP ATOTRNEY FOR
PLAINTIFF
4360 WOODLAND CORPORATE BOULEVARD, SUITE 100
TAMPA, FLORIDA 33614
SFGTampasservice@logs.com
Matter # 76572
whats
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE,
IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE
LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10
PLAINTIFF,
CASE NO.: 14-228-CA
VS.
ANTHONY SMITH, ET AL.,
DEVFENDANT,
ORDER ON. EFENDANT’S YON FOR MEDIATION AND MOTION F
ENLARGEMENT OF TIME.
‘THIS CAUSE was heard on the report of the General Magistrate. The Court having
reviewed and considered the findings of the report, and being advised that no exceptions to the
report have been filed within the period provided by Fla. Fam. L.R.P. 12.490(f), or that timely
exceptions were filed but subsequently denied by the court,
IT IS ADJUDGED:
1 ‘The report of the General Magistrate dated December! /, 2014, is ratified,
approved, and incorporated in this order.
2 ‘The Court adopts each and every finding and recommendation contained in the
report as the order of this Court.
3 All prior orders not inconsistent with this order are reaffirmed,
4, The Court reserves jurisdiction to enforce the provisions of this order and the
provisions of the Report of the General Magistrate.
0d
7
DONE d ORDERED in Chambers in Marianna, Jackson County, Florida this day
of January, 2013F,
oe
LY
(AYOUNGMAY
CIRCUIT COU, JUDGE
Evdrbo ‘N
ow y
Copies furnished to:
SERVICE LIST
service@floridaforeclosurelg.com
Florida Foreclosure Law Group
6365 NW 6th Way, Suite 210
Ft, Lauderdale, FL, 33309
servicecopies@apwblaw.com
Quintairos, Prieto, Wood & Boyer, P.A.
Nicole P, Planell, Esq.
SEGBocaService@logs,com
4630 Woodland Corporate Blvd,
Suite 100
Tampa, FL 33614
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE,
IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE
LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10
PLAINTIFF,
CASE NO.: 14-228-CA
VS.
ANTHONY SMITH, ET AL.,
DEFENDANT,
f
REPORT AND RECOMMENDATION ON
DEFEND. NT’, MOTION F DIATION AND MOTION FOR E EMENT
OF TIME TO RESPOND TO COMPLAINE
heard on November 19, 2014, at 1:30 p.m., Central Time
The General Magistrate submits this Report and also finds the Parties:
4. Waive filing Exceptions to this Report. The ORDER & REPORT will be
distributed after filing. This cause may proceed without delay.
b Agree any Exceptions must be filed within 10 days after the ORDER &
REPORT is fil and distributed. This cause may proceed without delay.
c. Must file Exceptions within 10 days after this Report is filed and served,
The ORDER is delayed 10 days.
This hearing was recorded electronically by the General Magistrate.
REVIEW OF THE GENERAL MAGISTRATE’S REPORT SHALL BE BY
EXCEPTIONS. SEE RULE 1.490(h). A RECORD, WHICH INCLUDES A TRANSCRI PT
OF THE PROCEEDINGS, MAY BE REQUIRED TO SUPPORT TIMELY EXCEPTIO NS
TO THIS REPORT,
Wherefore, the GENERAL MAGISTRATE submits this Report to the undersigned
Cirouit Judge.
THIS CAUSE came before the Court on Defendant’s Motion for Mediation and Motion
for Enlargement of Time to Respond to Complaint, Counsel for the Petitioner was present for the
hearing, by telephone. The Defendant was present for the hearing, pro sz. The Court received
evidence and testimony and observed the demeanor and evaluated the credibility of each witness,
It relied on these observations and evaluations in determining the facts recited below. Based upon
the testimony, the pleadings and evidence received, the Court finds the following:
The court has jurisdiction over the parties and the subject matter.
Based on the abave findings the General Magistrate recommends as follows:
A. Defendant’s Motion for Mediation is GRANTED, The mediation shall occur within 60
days of the entry date of the Order on General Magistrate’s Report and
Recommendation, Plaintiff's Representative may appear by phone.
Defendant's Motion for Enlargement of Time to Respond to Complaint is GRANTED.
The Defendant shall file a response to Plaintiff's Complaint with 30 days of the entry
date of the Order on General Magistrate’s Report and Recommendation.
Cc. The Court expressly retains jurisdiction of this cause for the purposes of enforcing,
construing, interpreting, or modifying the Jerms of the Order entered in this cause.
Dated this _{ 1 day of December, 2014.
LMA
C. JOHNSON
RAL MAGISTRATE
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE,
IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE
LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10
PLAINTIFF,
CASE NO,; 14-228-CA
VS.
ANTHONY SMITH, ET AL.,
DEFENDANT,
CERTIFICATE OF SERVICE ON REPORT AND RECOMMENDATION
1 HEREBY CERTIFY that a copy of the Report and Recontmendation on Defendant's
Motion for Mediation and Motion for Enlargement of Time to Respond to Complaint signed on
December |") , 2014 was provided via e-mail to:
ervice@floridaforeclosurelg,com
Florida Foreclosure Law Group
6365 NW 6th Way, Suite 210
Ft. Lauderdale, FL 33309
servicecopi whlaw.com
Quintairos, Prieto, Wood & Boyer, P.A.
Nicole P. Planell, Esq.
SFGBovaService@logs,com
4630 Woodland Corporate Blvd,
Suite 100
Tampa, FL 33614
Susan J. Pelyosino
Administrative-Aséistant
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Filing # 23663008 E-Filed 02/11/2015 05:02:43 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR JACKSON COUNTY, FLORIDA CASE NO.: 2014-CA-000228 Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset- Backed Certificates, Series 2006-10, Plaintiff, vs. Anthony Smith and Gwendolyn Smith, Husband and Wife, et al. Defendants. / MOTION FOR JUDICIAL DEFAULT COMES NOW, the Plaintiff, Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed Certificates, Scries 2006-10, by and through its undersigned attorney, and moves for entry of default in the above styled cause for failure of Defendants, ANTHONY SMITH and GWENDOLYN SMITH, to file or serve an Answer to the Plaintiff’s Complaint filed on or about April 14, 2014, and in support thereof, states as follows: 1 On or about June 30, 2014, Defendants, ANTHONY SMITH and GWENDOLYN SMITH, filed a Motion for Extension of Time to Respond to the Complaint. 2 On or about January 2, 2015, this Court entered an Order Ratifying the report of the General Magistrate dated December 17, 2014, which recommended that Defendants shall file a Response to Plaintiff’s Complaint within thirty (30) days of the entry of the Order. A Matter #76572 Electronically Filed Jackson Case # 14000228CAAXMX 02/11/2015 04:02:43 PM copy of both the Report and Recommendation and Order Ratifying same are attached hereto as Exhibit “A”, 3 To date, Defendants, ANTHONY SMITH and GWENDOLYN SMITH, have failed to comply with this Court’s Order, 4 Therefore, Plaintiff is entitled to the entry of a default against the Defendants, ANTHONY SMITH and GWENDOLYN SMITH, as a matter of law. WHEREFORE, the Plaintiff, Deutsche Bank National Trust Company, as Trustee, in ‘Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed Certificates, Series 2006-10, respectfully requests this Court enter an Order of Default as to the Defendants, ANTHONY SMITH and GWENDOLYN SMITH, for failure to file or serve a response within the time provided in court order dated January 2, 2015. DATED this 11"" day of February, 2015. ¢s/ Nicole P. Planell 1 Nicole P, Planell, Esq. (72325) Quintairos, Prieto, Wood & Boyer, P.A. 9300 S. Dadeland Blvd., 4TH Floor Miami, Florida 33156 Telephone: 305-670-1104 Email: Nicole.planell@qpwblaw.com Email: servicecopies@qpwblaw.com Matter # 76572 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by United States Mail and/or e-mail to the parties on the attached service list on this 11" day of February, 2015. /sf Nicole P. Planell a Nicole P. Planell, Esq. (72325) Quintairos, Prieto, Wood & Boyer, P.A. 9300 S. Dadeland Blvd., 4TH Floor Miami, Florida 33156 Telephone: 305-670-1104 Email: Nicole.planell@qpwblaw.com Email: servicecopies@qpwblaw.cor SERVICE LIST FLORIDA FORECLOSURE LAW GROUP 6365 N.W. 6! WAY, SUTIE #2010 FT, LAUDERDALE, FLORIDA 33309 service@floridaforeclosurelg.com SHAPIRO FISHMAN & GACHE, LLP ATOTRNEY FOR PLAINTIFF 4360 WOODLAND CORPORATE BOULEVARD, SUITE 100 TAMPA, FLORIDA 33614 SFGTampasservice@logs.com Matter # 76572 whats IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10 PLAINTIFF, CASE NO.: 14-228-CA VS. ANTHONY SMITH, ET AL., DEVFENDANT, ORDER ON. EFENDANT’S YON FOR MEDIATION AND MOTION F ENLARGEMENT OF TIME. ‘THIS CAUSE was heard on the report of the General Magistrate. The Court having reviewed and considered the findings of the report, and being advised that no exceptions to the report have been filed within the period provided by Fla. Fam. L.R.P. 12.490(f), or that timely exceptions were filed but subsequently denied by the court, IT IS ADJUDGED: 1 ‘The report of the General Magistrate dated December! /, 2014, is ratified, approved, and incorporated in this order. 2 ‘The Court adopts each and every finding and recommendation contained in the report as the order of this Court. 3 All prior orders not inconsistent with this order are reaffirmed, 4, The Court reserves jurisdiction to enforce the provisions of this order and the provisions of the Report of the General Magistrate. 0d 7 DONE d ORDERED in Chambers in Marianna, Jackson County, Florida this day of January, 2013F, oe LY (AYOUNGMAY CIRCUIT COU, JUDGE Evdrbo ‘N ow y Copies furnished to: SERVICE LIST service@floridaforeclosurelg.com Florida Foreclosure Law Group 6365 NW 6th Way, Suite 210 Ft, Lauderdale, FL, 33309 servicecopies@apwblaw.com Quintairos, Prieto, Wood & Boyer, P.A. Nicole P, Planell, Esq. SEGBocaService@logs,com 4630 Woodland Corporate Blvd, Suite 100 Tampa, FL 33614 IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10 PLAINTIFF, CASE NO.: 14-228-CA VS. ANTHONY SMITH, ET AL., DEFENDANT, f REPORT AND RECOMMENDATION ON DEFEND. NT’, MOTION F DIATION AND MOTION FOR E EMENT OF TIME TO RESPOND TO COMPLAINE heard on November 19, 2014, at 1:30 p.m., Central Time The General Magistrate submits this Report and also finds the Parties: 4. Waive filing Exceptions to this Report. The ORDER & REPORT will be distributed after filing. This cause may proceed without delay. b Agree any Exceptions must be filed within 10 days after the ORDER & REPORT is fil and distributed. This cause may proceed without delay. c. Must file Exceptions within 10 days after this Report is filed and served, The ORDER is delayed 10 days. This hearing was recorded electronically by the General Magistrate. REVIEW OF THE GENERAL MAGISTRATE’S REPORT SHALL BE BY EXCEPTIONS. SEE RULE 1.490(h). A RECORD, WHICH INCLUDES A TRANSCRI PT OF THE PROCEEDINGS, MAY BE REQUIRED TO SUPPORT TIMELY EXCEPTIO NS TO THIS REPORT, Wherefore, the GENERAL MAGISTRATE submits this Report to the undersigned Cirouit Judge. THIS CAUSE came before the Court on Defendant’s Motion for Mediation and Motion for Enlargement of Time to Respond to Complaint, Counsel for the Petitioner was present for the hearing, by telephone. The Defendant was present for the hearing, pro sz. The Court received evidence and testimony and observed the demeanor and evaluated the credibility of each witness, It relied on these observations and evaluations in determining the facts recited below. Based upon the testimony, the pleadings and evidence received, the Court finds the following: The court has jurisdiction over the parties and the subject matter. Based on the abave findings the General Magistrate recommends as follows: A. Defendant’s Motion for Mediation is GRANTED, The mediation shall occur within 60 days of the entry date of the Order on General Magistrate’s Report and Recommendation, Plaintiff's Representative may appear by phone. Defendant's Motion for Enlargement of Time to Respond to Complaint is GRANTED. The Defendant shall file a response to Plaintiff's Complaint with 30 days of the entry date of the Order on General Magistrate’s Report and Recommendation. Cc. The Court expressly retains jurisdiction of this cause for the purposes of enforcing, construing, interpreting, or modifying the Jerms of the Order entered in this cause. Dated this _{ 1 day of December, 2014. LMA C. JOHNSON RAL MAGISTRATE IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10 PLAINTIFF, CASE NO,; 14-228-CA VS. ANTHONY SMITH, ET AL., DEFENDANT, CERTIFICATE OF SERVICE ON REPORT AND RECOMMENDATION 1 HEREBY CERTIFY that a copy of the Report and Recontmendation on Defendant's Motion for Mediation and Motion for Enlargement of Time to Respond to Complaint signed on December |") , 2014 was provided via e-mail to: ervice@floridaforeclosurelg,com Florida Foreclosure Law Group 6365 NW 6th Way, Suite 210 Ft. Lauderdale, FL 33309 servicecopi whlaw.com Quintairos, Prieto, Wood & Boyer, P.A. Nicole P. Planell, Esq. SFGBovaService@logs,com 4630 Woodland Corporate Blvd, Suite 100 Tampa, FL 33614 Susan J. Pelyosino Administrative-Aséistant