No Value: SCHMITZ, WILLIAM H. vs. PIMIENTA GARRIDO, ALEXMAR

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                                Filing # 97961213 E-Filed 10/28/2019 01:26:21 PM



                     IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                              IN AND FOR CHARLOTTE COUNTY, FLORIDA
                                           CIVIL ACTION

        WILLIAM H. SCHMITZ and JANICE K. SCHMITZ,
         as Husband and Wife,

                Plaintiffs,

        Vv.                                                                  CASE NO.: 16001754CA

        ALEXMAR PIMIENTA GARRIDO,
        JLL LOGISTIC INC and ROBERTO LI,

                Defendants.
                                                           |

                                         ORDER APPOINTING RECEIVER

                THIS CAUSE coming on before the Court on Plaintiffs’ Motion to Appoint Receiver,

         and   the Court      having   considered     the Motion       and   argument        of counsel      and   being

         otherwise duly advised of the premises, it is here ORDERED and AJUDGED as follows:

                1       Gerard A. McHale,       Jr., Certified Public Accountant,              is hereby appointed

         Teceiver, in accordance with Fla. Stat. § 56.10, of all real property, personal property,

        things in action, goods, chattels and any other assets (the “Property”) of Defendant JLL

         LOGISTIC INC., a Florida Corporation.

                2       Upon execution of this Order, the Receiver shall have the authority to take

         exclusive possession, control and custody of the Property.

                3.      Defendant      JLL   LOGISTIC          INC’s   current    and    former officers,     directors,

         members,     employees, agents and representatives (“Representatives”) are ordered to

         immediately    deliver to Receiver         all of the    Property       and    to fully cooperate     with   the

         Receiver, including but not limited to providing the Receiver with all reasonably requested

         documents,    books,     records, bank accounts, trust accounts, deposit accounts, savings
accounts,     inventories, supplies, invoices, leases, deeds and       any other document and

tangible thing owned by Defendant JLL LOGISTIC INC.

        4       Any failure by Defendant JLL LOGISTIC         INC. or its Representatives to

cooperate with the Receiver as provided herein shall render Defendant JLL LOGISTIC

INC.   or its Representatives   in contempt of this Order and      subject to sanctions.    The

Receiver may request supplemental authority from this Court upon proper motion.

        5.      The Receiver is hereby authorized to hire, employ,         retain and terminate

professionals which the Receiver deems         necessary to assist in the discharge of his

duties. The Receiver is further authorized to retain legal counsel to represent him and

assist him with the performance of his duties as set forth herein.

        6.      The Receiver shall be paid an hourly rate for the time he devotes to his

duties pursuant to this Order

        7.      The   Receiver may   execute   and   deliver in his own    name   as   Receiver,

documents necessary and appropriate to consummate transactions, enter into contracts

and pay lawful debts of the Defendant JLL LOGISTIC INC.

        8.      The Receiver may prosecute all lawsuits as may be reasonably necessary

in the Receiver’s judgment.

        9.      The Receiver shall hold and     retain ali money that may come          into the

Receiver's possession by virtue of his appointment until further order of this Court.

        10.      Subject to the provisions of this Order, the Receiver shall remain            in

exclusive control of the Property until further order of this Court.

        11.      Without limiting any other rights or immunities the Receiver may have at

law or in equity, the Receiver shall have no liability for acts or omissions made by or on
behalf of the Receiver, in his capacity as Receiver of the Property, so long as such acts

or omissions are made in good faith, without gross negligence and in a manner that the

Receiver reasonably believes is in the best interest of the Property.

         12.      This Court shall retain jurisdiction of all matters concerning the Receiver

and the relationship.




                                                                       ry       igned by JUDGE LISA PORTER in 16001754CA,
                                                                            ‘on 10/28/2019 13:26:04 Uern Kt

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