Preview
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
EXHIBIT 7
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
CIRCUff CIVIL
CASE SUMMARY
CASE No. 2008-003372-CA-01
Timeshares DirectInc vs JaredRyan Properties Inc § Location: CircuitCivil
§ JudicialOfficer:Section,CA 10
§ Filedon: 03/07/2008
§ State Case Number: 132008CA003372000001
CASE INFORMATION
Statistical
Closures Case Type: Contract & Indebtedness
12/13/2011 Dismissed Before Hearing - Other
DATE CASE ASSIGNMENT
Current Case Assignment
Case Number 2008-003372-CA-01
Court CircuitCivil
Date Assigned 03/07/2008
JudicialOfficer Section,CA 10
PARTY INFORMATION
Lead Attorneys
Plaintiff Global Warming ProjectOf So Fla Inc David S. Cohen
Retained
407-354-3420(W)
Timeshares DirectInc David S. Cohen
Retained
407-354-3420(W)
PlaintiffAKA Timeshares By Owner
Timeshares By Owner Miami Dade
Defendant Bailen,Steve
Estreval,Sonia
Howard, Charlotte
Jared Ryan PropertiesInc
Kent, Michael
Pierson, Cheri
DATE EVENTS & ORDERS OF THE COURT INDEX
Vol./Book 27930,
12/13/2011 U Orderof Dismissal (F,W.O.P.) Page 0913, 1 pagea
Party: Defendant Jared Ryan PropertiesInc;Defendant Kent,Michael; Defendant Howard,
Charlotte;Defendant Pierson,Cheri;Defendant Bailen,Steve; Defendant Estreval,Sonia
B: 27930 P: 0913
12 3/2 1
Order ofDismissal (F.W.O.P.)
Party(Kent, Michael;Howard, Charlotte;Bailen,Steve;Pierson,Cheri;Estreval,
Sonia;Jared
Ryan PropertiesInc)
B: 27930 P: 0913
09/10/2011 FWOP Notice
12/12/201109:00 AM
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
. cmcun ova
CASE SUMMARY
CASENo. 2008-003372-CA-01
09/07/2010 Notice ofDefaultNotEntered
Party: Defendant Jared Ryan Properties
Inc
FWOP NOTICE GENERATED
09/02/2010 Motion forDefault
05/27/2010 FWOP Notice
08/27/2010 01:30 PM
04/22/2009 Of
Certificate Mailing FinalJudgment
10/27/2008 ServiceReturned
Party: Defendant Jared RyanPropertiesInc
BADGE # 888888P 10/17/2008
06/13/2008 Summons Returned - No Service
Party: Defendant Estreval,Sonia
06/12/2008 Summons Returned - No Service
Party: Defendant Bailen,Steve
05/29/2008 Summons Returned-NoService
Party: Defendant Jared Ryan Inc
Properties
04/29/2008 ServiceReturned
Party: Defendant Howard, Charlotte
BADGE # 4158P 04/24/2008
03/07/2008 Motion:
EMERGENCY MOTION FOR TEMPORARY INJUNCTION
03/07/2008 Demand forJury Trial
03/07/2008 Summons Issued
Party: Defendant Jared RyanPropertiesInc; Defendant Kent, Michael; Defendant Howard,
Charlotte; Defendant Pierson,Cheri; Defendant Bailen, Steve;Defendant Sonia
Estreval,
03/07/2008 Complaint
03/07/2008 Civil Cover
PAGE2OF2 Printedon 10/04/2021 at 2:32 PM
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7 e 5 e e e e e " e e e e e e 4
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT I
IN AND FOR MIAMI DADE, COUNTY, FLORIDA I
CIRCUIT CIVIL DIVISION
CASE NO. 08- 3372-CA-011
TIMESHARES DIRECT IN Section No. 10 I
GLOBAL WARMING PROJE 1
CIVIL DIVISION I
Plaintiff(s)
vs.
JARED RYAN PROPERTIE Motion, Notice and
KENT, MICHAEL
HOWARD, CHARLOTTE Judgment of Dismissal
Defendant(s)
ORDER ON MOTION TO DISMISS - CLOCK IN
FOR LACK OF PROSECUTION 1. e-:
THIS CAUSE having come on to be heard pursuant to Rule .1
1.420 of the Fla.R.Civ.P. and the Court being fully advised in
the premises.
THE COURT FINDS that no party opposing the motion to dismiss I
I for lack of prosecution having appeared as ordered and I
monstrated the existence of the requisite record activity or
that action had been stayed nor having timely filed a showing I N
of good cause in writing, if required, and therefore, in the I
absence of any evidence to the contrary the Court finds that I
(1) notice prescribed by Rule 1.420(a was timely served; (2) I
there was no record activity during the 10 months immediately 1
preceding service of the foregoing notice; (3) there was no I
record activity during 60 days immediately following service of I
the foregoing notice; (4) no stay has been issued or approved by I
" the
should
Court;
remain
and (5) no
pending;
party has shown good cause why this action 1
I
THEREFORE, IT IS ORDERED that this action is dismissed for lack of prosecution.
I-1 THE COURT FINDS good cause why this action should remain pending;
1-1 therefore, IT ORDERED AND ADJUDGED that the Motion to Dismiss for Lack of
Prosecution. pursuant to Florida Rule of Civil Procedure 1.420(E), is hereby
DENIED.
DONE and ORDERED in Chambers at Miami-Dade County, orida this day of
PE ER L
Circuit Court Judge
cc: Counsel/Parties of Record
If you are a perSon with a who needs any accommodation in
disability
order to participate in this proceeding, you are entitled, at no cost to
to the provision of certain assistance. Please contact the Eleventh
you,
Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse
Center, 175 NW 1st Ave., Suite 2702, Miami, FL. 33128, Telephone
(305) 349-7175; TDD (305) 349-7174; Fax (305)349-7355; at least 7 days
before your scheduled court appearance, or immediately upon receiving
this if the time before the scheduled appearance is less than
notification,
7 if you are or voice impaired, call 711.
days; hearing
302
sa a a a a a a a a a a a a a a a a
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IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.:
TIMESHARES DIRECT, INC., a Florida
Corporation d/b/a TIMESHARES
BY OWNER and THE GLOBAL
WARMING PROJECT OF SOUTH
FLORIDA, INC., a Florida
Corporation d/b/a TIMESHARES
BY OWNER MIAMI-DADE
Plaintiffs,
v.
JARED RYAN PROPERTIES, INC.,
a Florida Corporation, MICHAEL KENT,
CHARLOTTE HOWARD CHERI
PIERSON ÉTEVE BAILEN;'ánd
SONIA ESTREVAL,
Defendants.
COMPLAINT
COMES NOW the Plaintiffs, TIMESHARES DIRECT, INC., d /a TIMESHARES
BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a
TIMESHARES BY OWNER MIAMI-DADE, and sue the Defendants, JARED RYAN
PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE
BAILEN, and SONIA ESTREVAL, and allege:
1. This is an action for damages in excess of $15,000.00 and equitable relief and otherwise
within the jurisdiction of this Court.
2. Venue of this action is proper in Miami-Dade County, Florida as all acts giving rise to
this action occurred in M.iami-Dade County, Florida.
3. Plaintiff, TIMESHARES DIRECT, INC., is an active and current Florida Corporation
authorized to conduct business in this State which at allrelevant times was operating
under the registered fictitious name TIMESHARES BY OWNER, and shall hereinafter
be referred to as TBO.
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4. Plaintiff, THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., is an
active and current Florida Corporation authorized to conduct business in this State which
at allrelevant times was operating under the registered fictitious name TIMESHARES
BY OWNER MIAMI-DADE, and shall hereinafter be referred to as TBOMD.
5. TBOMD is an independent marketing office of TBO.
6. Defendant, JARED RYAN PROPERTIES, INC., hereinafter JRP, is an active and current
Florida Corporation authorized to conduct business in this State.
7. Defendant, MICHAEL KENT, hereinafter KENT, is an individual over the age of
eighteen and otherwise sui juris.
8. Defendant, CHARLOTTE HOWARD, hereinafter HOWARD, is an individual over the
age of eighteen and otherwise sui juris.
9. Defendant, CHERI PIERSON, hereinafter PIERSON, is an individual over the age of
eighteen and otherwise sui juris.
10. Defendant, STEVE BAILEN, hereinafter BAILEN, is an individual over the age of
eighteen and otherwise sui juris.
11. Defendant, SONIA ESTREVAL, hereinafter ESTREVAL, is an individual over the age
of eighteen and otherwise sui juris.
12. TBO and TBOMD provide timeshare resale and rental services and marketing for clients
throughout the country.
13. Prior to the institution of this action, KENT was a sales Manager for TBOMD and,
HOWARD, PIERSON, BAILEN, and ESTREVAL allworked for TBOMD as sales
representatives.
14. TBO and TBOMD have invested considerable time and expense in developing a database
customers'
and customer list,which database consists of the names, telephone numbers,
customer information, leads, methods of doing business, pricing, and other proprietary
information and trade secrets.
15. Based on their roles as sales representatives for TBOMD, KENT, HOWARD, PIERSON,
BAILEN, and ESTREVAL were privy to TBO's and TBOMD's confidential customer
databases, custorner lists, sales lead sources, sales in process data, pricing, methods of
doing business, and other trade secrets and proprietary information.
16. TBO's and TBOMD's confidential customer databases, customer lists, sales lead sources,
sales in process data, pricing, methods of doing business, and other trade secrets and
proprietary information are secret, of value, for use in TBO's and TBOMD's businesses
and of an advantage to the businesses.
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17. TBO and TBOMD have always taken measures to prevent their confidential customer
databases, customer lists, sales lead sources, sales in process data, pricing, methods of
doing business, and other trade secrets and proprietary information from becoming
available to persons other than those selected by TBO and TBOMD to have access to the
same.
18. To that end, the customer listand customer information was contained within a computer
database which was password protected. Only select individuals were provided password
access to the same. Additional client information was kept on client contact sheets which
were kept within the client's files which were not to be removed from TBOMD's office.
19. TBO and TBOMD shared their confidential customer databases, customer lists,pricing,
methods of doing business, and other trade secrets and proprietary information with
KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL only because of their
relationship with the companies.
20. KENT was terminated from his position with TBOMD.
21. HOWARD, BAILEN, and ESTREVAL terminated each of their relationships with
TBOMD. PIERSON was fired from employment with the company by KENT.
22. Prior to KENT's termination, he accessed TBO and TBOMD's computer database using
his password and downloaded TBO and TBOMD's confidential data and proprietary
sheets"
information, additionally he stole the "lead and "sales in process data", thereby
stealing trade secrets and proprietary information belonging to TBO and TBOMD,
including without limitation, itscustomer database and other proprietary information
which customer list contained confidential information.
23. Prior to the termination of their relationships with TBO and TBOMD, HOWARD,
PIERSON, BAILEN, and ESTREVAL made copies of their client contact sheets and
files which sheets contained confidential data and proprietary information, thereby
stealing trade secrets and proprietary information belonging to TBO and TBOMD.
24. Immediately after their relationship with TBOMD terminated, KENT, HOWARD,
PIERSON, BAILEN, and ESTREVAL each went to work for JRP, a direct competitor of
TBO and TBOMD.
25. KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and on-behalf of
JRP, began utilizing TBO's and TBOMD's customer database and contact sheets to
contact TBO's and TBOMD's customers.
26. KENT. HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and on behalf of
JRP, contacted customers of TBO and TBOMD and switched their accounts from
TBOMD to JRP.
27. Based on the information they collectively stole from TBO and TBOMD, KENT,
HOWARD, PIERSON, BAILEN, and ESTREVAL knew confidential client information.
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28. KENT, HOWAR.D, PIERSON, BAILEN, and ESTREVAL specifically contacted
customers after their relationships with TBO and TBOMD had been terminated and led
clients to believe that they were calling on behalf of TBO and convinced TBO's and/or
TBOMD's clients to request refunds for matters for which TBO and/or TBOMD had
previously charged them and to switch their services to JRP.
29. KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and as
representatives of JRP, have without authorization, consent, or knowledge of TBO and
TBOMD misappropriated trade secrets belonging to TBO and TBOMD.
30. All conditions precedent to this action have either been performed or waived.
31. TBO and TBOMD have retained the undersigned counsel and are indebted for a fee.
TBO and TBOMD are entitled to an award of their attorneys fees and costs pursuant to
§501.2105, Florida Statutes, §688.005, Florida Statutes.
COUNT I
(Theft of Trade Secrets)
32. The Plaintiffs. TBO and TBOMD, reallege and reincorporate the allegations of
paragraphs 1 through 31 above as if restated fully herein.
33. This is an action for damages based on the theft of trade secrets pursuant to §§688.001-
688.009, Florida Statutes.
34. TBO's and TBOMD's customer lists,customer information, and the other confidential
and proprietary infonnation compiled in its database are trade secrets as that term is
defined by §688.002(4), Florida Statutes.
35. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP misappropriated TBO's
and TBOMD's trade secrets as set forth above.
36. As a direct and proximate result of the acts of KENT, HOWARD, PIERSON, BAILEN,
and ESTREVAL, individually and on behalf of JRP, TBO and TBOMD have suffered
damage to their business and good will.
37. Additionally, KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have
improperly profited from their misappropriation of TBO's and TBOMD's trade secrets.
The exact amount of profits made by Defendants as a result of the misappropriation is
unknown to Plaintiffs and cannot be ascertained without an accounting.
38. TBO and TBOMD are entitled to damages pursuant to §688.004, Florida Statutes.
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WHEREFORE, Plaintiffs, TIMESHARES DIRECT, INC., d/b/a TIMESHARES
BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a
TIMESHARES BY OWNER MŠAMI-DADE, demand an accounting of all revenues and
Defendants'
expenses associated with the misappropriation of their trade secrets and a judgment
against JARED RYAN PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD,
CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, jointly and severally, for such
damages as may be deemed appropriate, plus the costs and attorneys fees of this action. The
Plaintiffs further demand trial by jury on allissues so triable.
COUNT II
(Injunctive Relief)
39. The Plaintiffs, TBO and TBOMD, reallege and reincorporate the allegations of
paragraphs 1 through 31 and 34-37 above as if restated fully herein.
40. This is an action for temporary and permanent injunctive relief.
41. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have and continue to use
TBO's and TBOMD's customer lists,customer information, and the other confidential
and proprietary information for the purpose of contacting TBO and TBOMD's customers
and potential customers.
42. TBO and TBOMD have been and continue to be irreparably harmed by KENT,
HOWARD, PIERSON, BAILEN, ESTREVAL and JRP's misappropriation of their trade
secrets and unfair and deceptive conduct as set forth above.
43. As a direct and proximate result of the acts of KENT, HOWARD, PIERSON, BAILEN,
ESTREVAL, individually and on behalf of JRP, TBO and TBOMD have suffered
irreparable injury to their business and good will.
44. Unless KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP are restrained
from utilizing TBO's and TBOMD's trade secrets and proprietary data base, TBO and
TBOMD will suffer continued irreparable injury to their business and goodwill.
45. There is no adequate remedy at law that will prevent, abate, or release the irreparable
injury that KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP are inflicting
and will continue to inflict upon TBO and TBOMD.
46. TBO and TBOMD have a clear legal right to the relief being sought in this Complaint and
have a substantial likelihood of prevailing on the merits of their claims based on Unfair
and Deceptive Trade Practices and Theft of Trade Secrets.
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WHEREFORE, Plaintiffs, TIMESHAR.ES DIRECT, INC., d/b/a TIMESHARES
BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a
TIMESHARES BY OWNER MIAMI-DADE, respectfully request the issuance of a temporary
and permanent injunction prohibiting MICHAEL KENT, CHARLOTTE HOWARD, CHERI
PIERSON, STEVE BAILEN, and SONIA ESTREVAL, and JARED RYAN PROPERTIES,
INC., and alltheir employees, agents, assigns, and those acting by, through, or in concert with
Plaintiffs'
them from utilizing any of the trade secrets, including without limitation, their
customer lists,customer data, customer contact sheets, leads, proprietary information, software,
Plaintiffs'
and trade secrets and from contacting, soliciting, or performing work for any of current
or prospective clients. Plaintiffs further request their attorneys fees and costs incurred in this
action and any such other relief as may be deemed proper.
COUNT IH
(Violation of the Florida Unfair and Deceptive Trade Practices Act)
47. The Plaintiffs, TBO and TB0MD, reallege and reincorporate the allegations of
paragraphs 1 through 31 above as if restated fully herein.
48. This is a claim based on violations of the Florida Unfair and Deceptive Trade Practices
Act under Florida Statutes §501.201, et. seq.
49. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP unlawfully obtained and
utilized the customer information belonging to TBO and TBOMD for purposes of
contacting and soliciting those customers on behalf of JRP.
50. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have engaged in
deceitful conduct by informing TBO's and TBOMD's customers that they were being
contacted on behalf of TBO, when in fact they were being called on behalf of JRP.
51. KENT's, HOWARD's, PIERSON's, BAILEN's, ESTREVAL's, and JRP's conduct
amounts to deceptive and unfair acts and practices in the conduct of trade or commerce.
52. As a result of KENT's, HOWARD's, PIERSON's, BAILEN's, ESTREVAL's, and JRP's
actions, TBO and TBOMD have suffered damages and will continue to suffer damages.
WHEREFORE, Plaintiffs, TIMESHARES DIRECT, INC., d/b/a TIMESHARES.
BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a
TIMESHARES BY OWNER MIAlvil-DADE, demand judgment in their favor and against
JARED RYAN PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD, CHERI
PIERSON, STEVE BAILEN, and SONIA ESTREVAL, jointly and severally, for such damages
as may be deemed appropriate, plus the costs and attorneys fees of this action. The Plaintiffs
further demand trial by jury on all issues so triable.
Signature Block to Follow
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DATED this day of March, 2008.
LAW OFFI S OF V S. COHEN, LC
Dav d .ohen, Esquire
Flon a Bar No.: 0970638
Jennifer L. Moore, Esquire
Florida Bar No.: 0010692
5728 Major Boulevard
Suite 550
Orlando, Florida 32819
Telephone: (407)354-3420
Facsimile: (407) 354-3840
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
&(
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o 7
n
01 o
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 08-03372 CA 10
TIMESHARES DIRECT, INC., a Florida
Corporation d/b/a TIMESHARES
BY OWNER and THE GLOBAL
WARMING PROJECT OF SOUTH
FLORIDA, INC., a Florida
Corporation d/b/a TIMESHARES
BY OWNER MIAMI-DADE,
Plaintiffs,
v.
JARED RYAN PROPERTIES, INC.,
a Florida Corporation, MICHAEL KENT,
CHARLOTTE HOWARD, CHERI
PIERSON, STEVE BAILEN, and
SONIA ESTREVAL,
Defendants.
CD
MOTION FOR DEFAULT
Plaintiffs, TIMESHARES DIRECT, INC., a Florida Corporation d/b/a TIMESHARES
BY OWNER and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., a
Florida Corporation d/b/a TIMESHARES BY OWNER MIAMI-DADE by and through their
undersigned counsel, move for the entry of a default by the Clerk against the Defendant,
JARED RYAN PROPERTIES, INC., a Florida Corporation, for failure to serve any paper on
the undersigned or file any paper as required by law.
(The remainder of this page was left blank intentionally)
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CERTIFICATE OF SERVICE
mailed
I
via
HEREBY
U.S. Mail
CERTIFY
to the
that on August
Jared Ryan
 2010,
Properties,
the
Inc.
foregoing
c/o Spiegel
instrument
& Utrera,
was
P.A.,
following
1840 SW 22nd Street, 4th floor, Miami, FL 33145.
LAW OFFICE F D . COHEN, LC
David S. Co , Esquire
5728 Major Boulevard, Suite 550
Orlando, Florida 32819
Telephone (407)354-3420
Facsimile (407) 354-3840
Florida Bar No. 0970638
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
TIMESHARES DIRECT IN CASE NO.: 08- 3372-CA-01
GLOBAL WARMING PROJE Section No. 10
Plaintiff(s),
vs.
JARED RYAN PROPERTIE
KENT, MICHAEL
HOWARD, CHARLOTTE
Defendant(s).
NOTICE OF LACK OF PROSECUTION
PLEASE TAKE NOTICE that it appears that on the face of the record that no
activity by filing of pleadings, order of court, or otherwise has occurred for
a period of 10 months immediately preceding service of this notice, and no stay
has been issued or approved by the court. Pursuant to rule 1.420(e), if no stay
is issued or approved during such 60 day period, this action may be dismissed by
the court on its own motion for lack of prosecution at the scheduled hearing set
forth below, unless a party shows good cause in writing at least 5 days before
the hearing on the motion why the action should remain pending. If record
activity occurs within 60 days following the service of this notice, you must
provide the court with a copy of the docket showing the record activity attached
to your good cause filing or appear at the scheduled hearing.
NOTICE OF HEARING ON THE COURT'S MOTION
TO DIMISS FOR LACK OF PROSECUTION
Pursuant to 1.420 of the Fla.R.Civ.P. the parties are hereby directed to
appear before the undersigned Judge at 1:30 P.M. on the 27th day of
AUGUST, 2010 for a hearing on the Court's motion to dismiss the above
styled cause for lack of prosecution. The hearing shall take place at the Dade
County Courthouse, 73 West Flagler St., Miami, FL 33130 in room 6-1 before the
Honorable MARGARITA ESQUIROZ . It_ shall be the responsibility and burden
of proof of the party opposing the motion of dismissal for lack of prosecution
to appear at the hearing and to affirmatively demonstrate (1) that there had
"Notice" or that
been record activity within 10 months prior to service of the
Preview
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 EXHIBIT 7 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 CIRCUff CIVIL CASE SUMMARY CASE No. 2008-003372-CA-01 Timeshares DirectInc vs JaredRyan Properties Inc § Location: CircuitCivil § JudicialOfficer:Section,CA 10 § Filedon: 03/07/2008 § State Case Number: 132008CA003372000001 CASE INFORMATION Statistical Closures Case Type: Contract & Indebtedness 12/13/2011 Dismissed Before Hearing - Other DATE CASE ASSIGNMENT Current Case Assignment Case Number 2008-003372-CA-01 Court CircuitCivil Date Assigned 03/07/2008 JudicialOfficer Section,CA 10 PARTY INFORMATION Lead Attorneys Plaintiff Global Warming ProjectOf So Fla Inc David S. Cohen Retained 407-354-3420(W) Timeshares DirectInc David S. Cohen Retained 407-354-3420(W) PlaintiffAKA Timeshares By Owner Timeshares By Owner Miami Dade Defendant Bailen,Steve Estreval,Sonia Howard, Charlotte Jared Ryan PropertiesInc Kent, Michael Pierson, Cheri DATE EVENTS & ORDERS OF THE COURT INDEX Vol./Book 27930, 12/13/2011 U Orderof Dismissal (F,W.O.P.) Page 0913, 1 pagea Party: Defendant Jared Ryan PropertiesInc;Defendant Kent,Michael; Defendant Howard, Charlotte;Defendant Pierson,Cheri;Defendant Bailen,Steve; Defendant Estreval,Sonia B: 27930 P: 0913 12 3/2 1 Order ofDismissal (F.W.O.P.) Party(Kent, Michael;Howard, Charlotte;Bailen,Steve;Pierson,Cheri;Estreval, Sonia;Jared Ryan PropertiesInc) B: 27930 P: 0913 09/10/2011 FWOP Notice 12/12/201109:00 AM PAGE 1 OF 2 Printed on 10/04/2021 at 2:32 PM FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 . cmcun ova CASE SUMMARY CASENo. 2008-003372-CA-01 09/07/2010 Notice ofDefaultNotEntered Party: Defendant Jared Ryan Properties Inc FWOP NOTICE GENERATED 09/02/2010 Motion forDefault 05/27/2010 FWOP Notice 08/27/2010 01:30 PM 04/22/2009 Of Certificate Mailing FinalJudgment 10/27/2008 ServiceReturned Party: Defendant Jared RyanPropertiesInc BADGE # 888888P 10/17/2008 06/13/2008 Summons Returned - No Service Party: Defendant Estreval,Sonia 06/12/2008 Summons Returned - No Service Party: Defendant Bailen,Steve 05/29/2008 Summons Returned-NoService Party: Defendant Jared Ryan Inc Properties 04/29/2008 ServiceReturned Party: Defendant Howard, Charlotte BADGE # 4158P 04/24/2008 03/07/2008 Motion: EMERGENCY MOTION FOR TEMPORARY INJUNCTION 03/07/2008 Demand forJury Trial 03/07/2008 Summons Issued Party: Defendant Jared RyanPropertiesInc; Defendant Kent, Michael; Defendant Howard, Charlotte; Defendant Pierson,Cheri; Defendant Bailen, Steve;Defendant Sonia Estreval, 03/07/2008 Complaint 03/07/2008 Civil Cover PAGE2OF2 Printedon 10/04/2021 at 2:32 PM FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 7 e 5 e e e e e " e e e e e e 4 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT I IN AND FOR MIAMI DADE, COUNTY, FLORIDA I CIRCUIT CIVIL DIVISION CASE NO. 08- 3372-CA-011 TIMESHARES DIRECT IN Section No. 10 I GLOBAL WARMING PROJE 1 CIVIL DIVISION I Plaintiff(s) vs. JARED RYAN PROPERTIE Motion, Notice and KENT, MICHAEL HOWARD, CHARLOTTE Judgment of Dismissal Defendant(s) ORDER ON MOTION TO DISMISS - CLOCK IN FOR LACK OF PROSECUTION 1. e-: THIS CAUSE having come on to be heard pursuant to Rule .1 1.420 of the Fla.R.Civ.P. and the Court being fully advised in the premises. THE COURT FINDS that no party opposing the motion to dismiss I I for lack of prosecution having appeared as ordered and I monstrated the existence of the requisite record activity or that action had been stayed nor having timely filed a showing I N of good cause in writing, if required, and therefore, in the I absence of any evidence to the contrary the Court finds that I (1) notice prescribed by Rule 1.420(a was timely served; (2) I there was no record activity during the 10 months immediately 1 preceding service of the foregoing notice; (3) there was no I record activity during 60 days immediately following service of I the foregoing notice; (4) no stay has been issued or approved by I " the should Court; remain and (5) no pending; party has shown good cause why this action 1 I THEREFORE, IT IS ORDERED that this action is dismissed for lack of prosecution. I-1 THE COURT FINDS good cause why this action should remain pending; 1-1 therefore, IT ORDERED AND ADJUDGED that the Motion to Dismiss for Lack of Prosecution. pursuant to Florida Rule of Civil Procedure 1.420(E), is hereby DENIED. DONE and ORDERED in Chambers at Miami-Dade County, orida this day of PE ER L Circuit Court Judge cc: Counsel/Parties of Record If you are a perSon with a who needs any accommodation in disability order to participate in this proceeding, you are entitled, at no cost to to the provision of certain assistance. Please contact the Eleventh you, Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL. 33128, Telephone (305) 349-7175; TDD (305) 349-7174; Fax (305)349-7355; at least 7 days before your scheduled court appearance, or immediately upon receiving this if the time before the scheduled appearance is less than notification, 7 if you are or voice impaired, call 711. days; hearing 302 sa a a a a a a a a a a a a a a a a FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: TIMESHARES DIRECT, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER MIAMI-DADE Plaintiffs, v. JARED RYAN PROPERTIES, INC., a Florida Corporation, MICHAEL KENT, CHARLOTTE HOWARD CHERI PIERSON ÉTEVE BAILEN;'ánd SONIA ESTREVAL, Defendants. COMPLAINT COMES NOW the Plaintiffs, TIMESHARES DIRECT, INC., d /a TIMESHARES BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a TIMESHARES BY OWNER MIAMI-DADE, and sue the Defendants, JARED RYAN PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, and allege: 1. This is an action for damages in excess of $15,000.00 and equitable relief and otherwise within the jurisdiction of this Court. 2. Venue of this action is proper in Miami-Dade County, Florida as all acts giving rise to this action occurred in M.iami-Dade County, Florida. 3. Plaintiff, TIMESHARES DIRECT, INC., is an active and current Florida Corporation authorized to conduct business in this State which at allrelevant times was operating under the registered fictitious name TIMESHARES BY OWNER, and shall hereinafter be referred to as TBO. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 4. Plaintiff, THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., is an active and current Florida Corporation authorized to conduct business in this State which at allrelevant times was operating under the registered fictitious name TIMESHARES BY OWNER MIAMI-DADE, and shall hereinafter be referred to as TBOMD. 5. TBOMD is an independent marketing office of TBO. 6. Defendant, JARED RYAN PROPERTIES, INC., hereinafter JRP, is an active and current Florida Corporation authorized to conduct business in this State. 7. Defendant, MICHAEL KENT, hereinafter KENT, is an individual over the age of eighteen and otherwise sui juris. 8. Defendant, CHARLOTTE HOWARD, hereinafter HOWARD, is an individual over the age of eighteen and otherwise sui juris. 9. Defendant, CHERI PIERSON, hereinafter PIERSON, is an individual over the age of eighteen and otherwise sui juris. 10. Defendant, STEVE BAILEN, hereinafter BAILEN, is an individual over the age of eighteen and otherwise sui juris. 11. Defendant, SONIA ESTREVAL, hereinafter ESTREVAL, is an individual over the age of eighteen and otherwise sui juris. 12. TBO and TBOMD provide timeshare resale and rental services and marketing for clients throughout the country. 13. Prior to the institution of this action, KENT was a sales Manager for TBOMD and, HOWARD, PIERSON, BAILEN, and ESTREVAL allworked for TBOMD as sales representatives. 14. TBO and TBOMD have invested considerable time and expense in developing a database customers' and customer list,which database consists of the names, telephone numbers, customer information, leads, methods of doing business, pricing, and other proprietary information and trade secrets. 15. Based on their roles as sales representatives for TBOMD, KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL were privy to TBO's and TBOMD's confidential customer databases, custorner lists, sales lead sources, sales in process data, pricing, methods of doing business, and other trade secrets and proprietary information. 16. TBO's and TBOMD's confidential customer databases, customer lists, sales lead sources, sales in process data, pricing, methods of doing business, and other trade secrets and proprietary information are secret, of value, for use in TBO's and TBOMD's businesses and of an advantage to the businesses. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 17. TBO and TBOMD have always taken measures to prevent their confidential customer databases, customer lists, sales lead sources, sales in process data, pricing, methods of doing business, and other trade secrets and proprietary information from becoming available to persons other than those selected by TBO and TBOMD to have access to the same. 18. To that end, the customer listand customer information was contained within a computer database which was password protected. Only select individuals were provided password access to the same. Additional client information was kept on client contact sheets which were kept within the client's files which were not to be removed from TBOMD's office. 19. TBO and TBOMD shared their confidential customer databases, customer lists,pricing, methods of doing business, and other trade secrets and proprietary information with KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL only because of their relationship with the companies. 20. KENT was terminated from his position with TBOMD. 21. HOWARD, BAILEN, and ESTREVAL terminated each of their relationships with TBOMD. PIERSON was fired from employment with the company by KENT. 22. Prior to KENT's termination, he accessed TBO and TBOMD's computer database using his password and downloaded TBO and TBOMD's confidential data and proprietary sheets" information, additionally he stole the "lead and "sales in process data", thereby stealing trade secrets and proprietary information belonging to TBO and TBOMD, including without limitation, itscustomer database and other proprietary information which customer list contained confidential information. 23. Prior to the termination of their relationships with TBO and TBOMD, HOWARD, PIERSON, BAILEN, and ESTREVAL made copies of their client contact sheets and files which sheets contained confidential data and proprietary information, thereby stealing trade secrets and proprietary information belonging to TBO and TBOMD. 24. Immediately after their relationship with TBOMD terminated, KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL each went to work for JRP, a direct competitor of TBO and TBOMD. 25. KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and on-behalf of JRP, began utilizing TBO's and TBOMD's customer database and contact sheets to contact TBO's and TBOMD's customers. 26. KENT. HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and on behalf of JRP, contacted customers of TBO and TBOMD and switched their accounts from TBOMD to JRP. 27. Based on the information they collectively stole from TBO and TBOMD, KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL knew confidential client information. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 28. KENT, HOWAR.D, PIERSON, BAILEN, and ESTREVAL specifically contacted customers after their relationships with TBO and TBOMD had been terminated and led clients to believe that they were calling on behalf of TBO and convinced TBO's and/or TBOMD's clients to request refunds for matters for which TBO and/or TBOMD had previously charged them and to switch their services to JRP. 29. KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and as representatives of JRP, have without authorization, consent, or knowledge of TBO and TBOMD misappropriated trade secrets belonging to TBO and TBOMD. 30. All conditions precedent to this action have either been performed or waived. 31. TBO and TBOMD have retained the undersigned counsel and are indebted for a fee. TBO and TBOMD are entitled to an award of their attorneys fees and costs pursuant to §501.2105, Florida Statutes, §688.005, Florida Statutes. COUNT I (Theft of Trade Secrets) 32. The Plaintiffs. TBO and TBOMD, reallege and reincorporate the allegations of paragraphs 1 through 31 above as if restated fully herein. 33. This is an action for damages based on the theft of trade secrets pursuant to §§688.001- 688.009, Florida Statutes. 34. TBO's and TBOMD's customer lists,customer information, and the other confidential and proprietary infonnation compiled in its database are trade secrets as that term is defined by §688.002(4), Florida Statutes. 35. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP misappropriated TBO's and TBOMD's trade secrets as set forth above. 36. As a direct and proximate result of the acts of KENT, HOWARD, PIERSON, BAILEN, and ESTREVAL, individually and on behalf of JRP, TBO and TBOMD have suffered damage to their business and good will. 37. Additionally, KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have improperly profited from their misappropriation of TBO's and TBOMD's trade secrets. The exact amount of profits made by Defendants as a result of the misappropriation is unknown to Plaintiffs and cannot be ascertained without an accounting. 38. TBO and TBOMD are entitled to damages pursuant to §688.004, Florida Statutes. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 WHEREFORE, Plaintiffs, TIMESHARES DIRECT, INC., d/b/a TIMESHARES BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a TIMESHARES BY OWNER MŠAMI-DADE, demand an accounting of all revenues and Defendants' expenses associated with the misappropriation of their trade secrets and a judgment against JARED RYAN PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, jointly and severally, for such damages as may be deemed appropriate, plus the costs and attorneys fees of this action. The Plaintiffs further demand trial by jury on allissues so triable. COUNT II (Injunctive Relief) 39. The Plaintiffs, TBO and TBOMD, reallege and reincorporate the allegations of paragraphs 1 through 31 and 34-37 above as if restated fully herein. 40. This is an action for temporary and permanent injunctive relief. 41. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have and continue to use TBO's and TBOMD's customer lists,customer information, and the other confidential and proprietary information for the purpose of contacting TBO and TBOMD's customers and potential customers. 42. TBO and TBOMD have been and continue to be irreparably harmed by KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP's misappropriation of their trade secrets and unfair and deceptive conduct as set forth above. 43. As a direct and proximate result of the acts of KENT, HOWARD, PIERSON, BAILEN, ESTREVAL, individually and on behalf of JRP, TBO and TBOMD have suffered irreparable injury to their business and good will. 44. Unless KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP are restrained from utilizing TBO's and TBOMD's trade secrets and proprietary data base, TBO and TBOMD will suffer continued irreparable injury to their business and goodwill. 45. There is no adequate remedy at law that will prevent, abate, or release the irreparable injury that KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP are inflicting and will continue to inflict upon TBO and TBOMD. 46. TBO and TBOMD have a clear legal right to the relief being sought in this Complaint and have a substantial likelihood of prevailing on the merits of their claims based on Unfair and Deceptive Trade Practices and Theft of Trade Secrets. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 WHEREFORE, Plaintiffs, TIMESHAR.ES DIRECT, INC., d/b/a TIMESHARES BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a TIMESHARES BY OWNER MIAMI-DADE, respectfully request the issuance of a temporary and permanent injunction prohibiting MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, and JARED RYAN PROPERTIES, INC., and alltheir employees, agents, assigns, and those acting by, through, or in concert with Plaintiffs' them from utilizing any of the trade secrets, including without limitation, their customer lists,customer data, customer contact sheets, leads, proprietary information, software, Plaintiffs' and trade secrets and from contacting, soliciting, or performing work for any of current or prospective clients. Plaintiffs further request their attorneys fees and costs incurred in this action and any such other relief as may be deemed proper. COUNT IH (Violation of the Florida Unfair and Deceptive Trade Practices Act) 47. The Plaintiffs, TBO and TB0MD, reallege and reincorporate the allegations of paragraphs 1 through 31 above as if restated fully herein. 48. This is a claim based on violations of the Florida Unfair and Deceptive Trade Practices Act under Florida Statutes §501.201, et. seq. 49. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP unlawfully obtained and utilized the customer information belonging to TBO and TBOMD for purposes of contacting and soliciting those customers on behalf of JRP. 50. KENT, HOWARD, PIERSON, BAILEN, ESTREVAL and JRP have engaged in deceitful conduct by informing TBO's and TBOMD's customers that they were being contacted on behalf of TBO, when in fact they were being called on behalf of JRP. 51. KENT's, HOWARD's, PIERSON's, BAILEN's, ESTREVAL's, and JRP's conduct amounts to deceptive and unfair acts and practices in the conduct of trade or commerce. 52. As a result of KENT's, HOWARD's, PIERSON's, BAILEN's, ESTREVAL's, and JRP's actions, TBO and TBOMD have suffered damages and will continue to suffer damages. WHEREFORE, Plaintiffs, TIMESHARES DIRECT, INC., d/b/a TIMESHARES. BY OWNER, and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., d/b/a TIMESHARES BY OWNER MIAlvil-DADE, demand judgment in their favor and against JARED RYAN PROPERTIES, INC., MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, jointly and severally, for such damages as may be deemed appropriate, plus the costs and attorneys fees of this action. The Plaintiffs further demand trial by jury on all issues so triable. Signature Block to Follow FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 DATED this day of March, 2008. LAW OFFI S OF V S. COHEN, LC Dav d .ohen, Esquire Flon a Bar No.: 0970638 Jennifer L. Moore, Esquire Florida Bar No.: 0010692 5728 Major Boulevard Suite 550 Orlando, Florida 32819 Telephone: (407)354-3420 Facsimile: (407) 354-3840 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 &( FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 o 7 n 01 o FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 08-03372 CA 10 TIMESHARES DIRECT, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER MIAMI-DADE, Plaintiffs, v. JARED RYAN PROPERTIES, INC., a Florida Corporation, MICHAEL KENT, CHARLOTTE HOWARD, CHERI PIERSON, STEVE BAILEN, and SONIA ESTREVAL, Defendants. CD MOTION FOR DEFAULT Plaintiffs, TIMESHARES DIRECT, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER and THE GLOBAL WARMING PROJECT OF SOUTH FLORIDA, INC., a Florida Corporation d/b/a TIMESHARES BY OWNER MIAMI-DADE by and through their undersigned counsel, move for the entry of a default by the Clerk against the Defendant, JARED RYAN PROPERTIES, INC., a Florida Corporation, for failure to serve any paper on the undersigned or file any paper as required by law. (The remainder of this page was left blank intentionally) FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 CERTIFICATE OF SERVICE mailed I via HEREBY U.S. Mail CERTIFY to the that on August Jared Ryan  2010, Properties, the Inc. foregoing c/o Spiegel instrument & Utrera, was P.A., following 1840 SW 22nd Street, 4th floor, Miami, FL 33145. LAW OFFICE F D . COHEN, LC David S. Co , Esquire 5728 Major Boulevard, Suite 550 Orlando, Florida 32819 Telephone (407)354-3420 Facsimile (407) 354-3840 Florida Bar No. 0970638 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/16/2022 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION TIMESHARES DIRECT IN CASE NO.: 08- 3372-CA-01 GLOBAL WARMING PROJE Section No. 10 Plaintiff(s), vs. JARED RYAN PROPERTIE KENT, MICHAEL HOWARD, CHARLOTTE Defendant(s). NOTICE OF LACK OF PROSECUTION PLEASE TAKE NOTICE that it appears that on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no stay is issued or approved during such 60 day period, this action may be dismissed by the court on its own motion for lack of prosecution at the scheduled hearing set forth below, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. If record activity occurs within 60 days following the service of this notice, you must provide the court with a copy of the docket showing the record activity attached to your good cause filing or appear at the scheduled hearing. NOTICE OF HEARING ON THE COURT'S MOTION TO DIMISS FOR LACK OF PROSECUTION Pursuant to 1.420 of the Fla.R.Civ.P. the parties are hereby directed to appear before the undersigned Judge at 1:30 P.M. on the 27th day of AUGUST, 2010 for a hearing on the Court's motion to dismiss the above styled cause for lack of prosecution. The hearing shall take place at the Dade County Courthouse, 73 West Flagler St., Miami, FL 33130 in room 6-1 before the Honorable MARGARITA ESQUIROZ . It_ shall be the responsibility and burden of proof of the party opposing the motion of dismissal for lack of prosecution to appear at the hearing and to affirmatively demonstrate (1) that there had "Notice" or that been record activity within 10 months prior to service of the