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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY,FLORIDA GENERAL JURISDICTION DIVISION CASE NUMBER: lO-1298-CA JUDGE: ELIZABETH METZGER STAR FUNDING SOLUTIONS, Plaintiff VS: JOHN J. KRONDES, Defendant(S). ET AL LLC
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March
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Defendant's 2nd Motion To Compel Discovery and its inherent and incorporated relief as plead. The Court after careful review and consideration in its Granting of the Motion To Compel, issued the following instruction and stipulation for compliance with its Order; and it was therefore: ORDERED and ADJUDGED
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that alleged Plaintiff, Star Funding Solutions, LLC shall comply with the: ~
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Order of the Court and make compliance with outstanding discovery, and shall produce all of the requested material by 5 P .M. (est) on March 1, 2011. It was further ORDERED and ADJUDGED that the alleged Plaintiffbe barred from Objecting to the production of
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documents and material as originally requested after permitted time for Objecting has elapsed, per stipulatiorj'' of Florida Rule 1.350(b). It was further ORDERED and ADJUDGED that if there was no compliance with this Order as stipulated by 5 P.M.
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(est) March 1,2011, Movants may apply for an Ex parte Order of the Court granting the requested relieffor such failure to comply with an Order of this Honorable Court made under provision of Florida Rule 1.380 .
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Book2507/Page578
CFN#2263959
Page 1 of 4
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(2)
THE COURT SPECIFICALLY FINDS that since the issuance of the Court's Order of February 18,
2011, the stipulated date of March 1,2011 has come and expired and nothing has been filed or served in response to the Order Of The Court in this action by the alleged Plaintiff, Star Funding Solutions, LLC. further found that It is
COMPLIANCE HAS NOT BEEN MADE with the terms of the Order issued by Honorable Sherwood
Bauer, Jr. for the 19th Judicial Circuit Court in Stuart, Martin County, Florida.
THE COURT ADDITIONALLY FINDS that there is no separate filing or pleading in this pending
action indicating any compliance by Star Funding Solutions, LLC (alleged Plaintiff) with the previous, original and first (1 SI) served Defendants' Discovery. Therefore pursuant to provision and jurisdiction of Florida Rule 1.380, as a result of the alleged Plaintiff's egregious failures to comply with propounded discovery, discovery rules, and issued Orders Of This Court; accordingly, it is: 1SI Request For Production and subsequent 1st Motion To Compel
Book2507/Page579
CFN#2263959
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Page 2 of 4
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6. The instant foreclosure action filed by Star Funding Solutions, LLC, entitled and styled as Star Funding Solutions, LLe v. John J. Krondes, et aI, 19th Judicial Circuit, Martin County, Florida case number IO-1298-CA is hereby DISMISSED WITH PREJUDICE for failure to comply with an Order of this Court made under Rule 1.380.
DONE AND ORDERED, in Chambers of the Nineteenth Judicial Circuit Court in Stuart, Martin
County, Florida, this-+--day of March, 2011.
Copies Furnished To Plaintiff's Counsel and All Parties Of Record on attached Service List:
Book2507/Page580
CFN#2263959
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Page 3 of 4
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Service List For Ex-Parte Order Granting Dismissal Of Action With Prejudice 1. Florida Foreclosure Attorneys, PLLC 601 Cleveland Street, Ste. 690 Clearwater, FL 33755
3. John J. Krondes
P.O. Box 1795 Darien, CT 06820 4. King Mountain Condominium Association C/o Jacob Ensor P.O. Box 2401 Stuart, FL 34994 5. United States Of America c/o U.S. Attorney 505 S. Second Street, Ste. 200 Ft. Pierce, FL 34950 6. Roof Authority Inc. c/o Christopher A. Long 6771 Old Dixie Highway N. Ft. Pierce, FL 34946
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------CFN#2263959 Page 4 of 4
Book2507/Page581