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IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
Q
WELLS FARGO BANK, NATIONAL 2 3 2
ASSOCIATION AS TRUSTEE FOR THE "ow Be
CERTIFICATEHOLDERS OF STRUCTURED 3 a »
ASSET MORTGAGE INVESTMENTS II, INC., = 7 Sa
BEAR STEARNS MORTGAGE FUNDING TRUST S © SF
2006-AR1, MORTGAGE PASS-THROUGH Se xo
CERTIFICATES, SERIES 2006-AR1, $s =a
Plaintiff(s) oo oe Se
vs. CASE NO: 11-2009-CA“65812-000158X 3s”
BULEND DUZEN, et. al.,
Defendant(s)/
ORDER SCHEDULING JUDICIAL CASE MANAGEMENT CONFERENCE AND HEARING
The Court has scheduled a case management conference motion hearing in this case, before SENIOR
JUDGE DANIEL R. MONACO pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule
of Judicial Administration 2.545, on OCTOBER 9, 2013 at 2:00 P.M., in Courtroom 4-1, at the Collier
County Courthouse, 3315 Tamiami Tr. E., Naples, FL 34117.
Any party may notice this date for a hearing on any pending routine motion that does not require an
extended argument. The Court will decide at the hearing whether the matter is capable of being heard
fully at the case management conference. All pending discovery motions must be heard and decided prior
to the case management conference.
All parties must be prepared to argue any other pending which the Court may bring up on its own motion
at the hearing and which needs to be heard and decided to move the case towards a resolution.
ALL PARTIES MUST APPEAR IN PERSON OR THROUGH COUNSEL AT THE CASE
MANAGEMENT CONFERENCE AND HEARING.
IF A PARTY DOES NOT APPEAR THEIR CLAIMS OR DEFENSES MAY BE STRICKEN OR
DISMISSED. IF A PARTY HAS A DEFAULT ALREADY ENTERED AGAINST THEM FOR
FAILING TO FILE A PLEADING, AND THEY DO NOT APPEAR AT THE CASE
MANAGEMENT CONFERENCE, THE COURT MAY ALLOW THE OPPOSING PARTY TO
PROCEED TO A JUDGMENT WITHOUT ANY FURTHER NOTICE OR HEARING.
The purpose of the Case Management Conference is to consider all matters allowed under Rule of Civil
Procedure 1.200, including discovery issues and timetables, defaults, identification of issues pending,
simplification of evidentiary proof, potential for resolution without a trial, and setting of a trial date, if
appropriate. Parties are encouraged to confer on these matters through counsel or personally prior to the
conference. Plaintiff is encouraged to have a representative available with authority to discuss resolutions
such as modification, short sale, leasing arrangement upon execution of a deed in lieu of foreclosure withor without a leasing arrangement, waiver of deficiency judgment, or similar resolution processes. It is
anticipated that the parties will engage in such discussions in good faith and the Court will encourage that
and provide time for such discussions.
Defendants may also receive information about legal and other helpful resources for representing
them or guiding and helping them through the foreclosure process, so it would be in their interest
to attend the conference and hearing even if they do not have an attorney.
The Case Management Conference will be conducted in a manner to facilitate resolution and
settlement. If resolution and settlement is not likely to occur, then the effort will be directed toward
expeditiously setting the case for a trial. If necessary and appropriate to achieve resolution or to
adequately prepare for a trial, further case management conferences may be scheduled. Once it is
determined a case is ready for a trial and a trial date is set, continuances will be limited to
exceptional circumstances only.
Counsel and/or parties are hereby cautioned that misconduct, failure to attend the case management
conference or noncompliance with the terms of this order may result in sanctions by the Court. Sanctions
may include the assessment of special costs, including attorney’s fees, the striking of pleadings and/or the
dismissal of the action.
DONE AND ORDERED in Chambers on ” & day of SEPTEMBER, 2013 in Naples,
Collier County, FL.
SENIOR CIRCUIT JUDGE
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Charles Rice, Administrative Services Manager
whose office is located at 3315 Tamiami Trail East, Building L, Naples, Florida 34112,
and whose telephone number is (239)252-8800, at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that on this ; day of SEPTEMBER 2013, a copy of the foregoing
was furnished to the following parties by first class U.S. Mail:
wenn DUZEN wtirs
100 TAHITI DRIVE C/O CT CORPORATION SYSTEM
MARCO ISLAND, FL 34145 1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
ILAY DUZEN
100 TAHITI DRIVE
MARCO ISLAND, FL 34145
Additionally, a copy of the foregoing was emailed to the following parties by the clerk:
SHAPIRO, FISHMAN & GACHE, LLP
C/O AMY CONCILIO, ESQ.
Attorney for WELLS FARGO BANK, NA
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IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Q WELLS FARGO BANK, NATIONAL 2 3 2 ASSOCIATION AS TRUSTEE FOR THE "ow Be CERTIFICATEHOLDERS OF STRUCTURED 3 a » ASSET MORTGAGE INVESTMENTS II, INC., = 7 Sa BEAR STEARNS MORTGAGE FUNDING TRUST S © SF 2006-AR1, MORTGAGE PASS-THROUGH Se xo CERTIFICATES, SERIES 2006-AR1, $s =a Plaintiff(s) oo oe Se vs. CASE NO: 11-2009-CA“65812-000158X 3s” BULEND DUZEN, et. al., Defendant(s)/ ORDER SCHEDULING JUDICIAL CASE MANAGEMENT CONFERENCE AND HEARING The Court has scheduled a case management conference motion hearing in this case, before SENIOR JUDGE DANIEL R. MONACO pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule of Judicial Administration 2.545, on OCTOBER 9, 2013 at 2:00 P.M., in Courtroom 4-1, at the Collier County Courthouse, 3315 Tamiami Tr. E., Naples, FL 34117. Any party may notice this date for a hearing on any pending routine motion that does not require an extended argument. The Court will decide at the hearing whether the matter is capable of being heard fully at the case management conference. All pending discovery motions must be heard and decided prior to the case management conference. All parties must be prepared to argue any other pending which the Court may bring up on its own motion at the hearing and which needs to be heard and decided to move the case towards a resolution. ALL PARTIES MUST APPEAR IN PERSON OR THROUGH COUNSEL AT THE CASE MANAGEMENT CONFERENCE AND HEARING. IF A PARTY DOES NOT APPEAR THEIR CLAIMS OR DEFENSES MAY BE STRICKEN OR DISMISSED. IF A PARTY HAS A DEFAULT ALREADY ENTERED AGAINST THEM FOR FAILING TO FILE A PLEADING, AND THEY DO NOT APPEAR AT THE CASE MANAGEMENT CONFERENCE, THE COURT MAY ALLOW THE OPPOSING PARTY TO PROCEED TO A JUDGMENT WITHOUT ANY FURTHER NOTICE OR HEARING. The purpose of the Case Management Conference is to consider all matters allowed under Rule of Civil Procedure 1.200, including discovery issues and timetables, defaults, identification of issues pending, simplification of evidentiary proof, potential for resolution without a trial, and setting of a trial date, if appropriate. Parties are encouraged to confer on these matters through counsel or personally prior to the conference. Plaintiff is encouraged to have a representative available with authority to discuss resolutions such as modification, short sale, leasing arrangement upon execution of a deed in lieu of foreclosure withor without a leasing arrangement, waiver of deficiency judgment, or similar resolution processes. It is anticipated that the parties will engage in such discussions in good faith and the Court will encourage that and provide time for such discussions. Defendants may also receive information about legal and other helpful resources for representing them or guiding and helping them through the foreclosure process, so it would be in their interest to attend the conference and hearing even if they do not have an attorney. The Case Management Conference will be conducted in a manner to facilitate resolution and settlement. If resolution and settlement is not likely to occur, then the effort will be directed toward expeditiously setting the case for a trial. If necessary and appropriate to achieve resolution or to adequately prepare for a trial, further case management conferences may be scheduled. Once it is determined a case is ready for a trial and a trial date is set, continuances will be limited to exceptional circumstances only. Counsel and/or parties are hereby cautioned that misconduct, failure to attend the case management conference or noncompliance with the terms of this order may result in sanctions by the Court. Sanctions may include the assessment of special costs, including attorney’s fees, the striking of pleadings and/or the dismissal of the action. DONE AND ORDERED in Chambers on ” & day of SEPTEMBER, 2013 in Naples, Collier County, FL. SENIOR CIRCUIT JUDGE If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Charles Rice, Administrative Services Manager whose office is located at 3315 Tamiami Trail East, Building L, Naples, Florida 34112, and whose telephone number is (239)252-8800, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this ; day of SEPTEMBER 2013, a copy of the foregoing was furnished to the following parties by first class U.S. Mail: wenn DUZEN wtirs 100 TAHITI DRIVE C/O CT CORPORATION SYSTEM MARCO ISLAND, FL 34145 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 ILAY DUZEN 100 TAHITI DRIVE MARCO ISLAND, FL 34145 Additionally, a copy of the foregoing was emailed to the following parties by the clerk: SHAPIRO, FISHMAN & GACHE, LLP C/O AMY CONCILIO, ESQ. Attorney for WELLS FARGO BANK, NA