On December 03, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Bank Of America, N..A.,
Lasalle Bank National Association As Tr,
First Franklin Mortgage Loan Trust Mortgage Loan A,
U.S. Bank National Association, As Tr,
and
Menard, Arsene,
Menard, Nelta,
for RPMF -Homestead
in the District Court of Miami-Dade County.
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Filing # 184603417 E-Filed 10/24/2023 09:50:23 AM
IN T IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:2021-CA-026327
FIRST FRANKLIN MORTGAGE LOAN
TRUST MORTGAGE LOAM ASSET-
BACKED CERTIFICATED, SERIES 2008-
FFC, US BANK, NATIONAL
ASSOCIATION, AS TRUSTEE,
SUCCESSOR IN INTEREST TO BANK
OF AMERICA N.A., AS TRUSTEE,
SUCCSSOR BY MERGER TO LASALLE
BANK NATIONAL ASSOCIATION, AS
TRUSTEE
Plaintiff,
v.
ARSENE MANARD
Defendant.
___________________________/
DEFENDANT’S EX PARTE MOTION FOR COMPEL
COME NOW, the Defendant, Arsene Manard, (“Defendant”), by and through the
undersigned counsel, moves the Court for order compelling the Plaintiff First Franklin Mortgage
Loan Trust to respond to discovery in this matter and as grounds would show;
1. On July 13th 2023 defendant served upon the plaintiff request for production, Demand for
Verification of Dept and Defendants first set of interrogatories on Plaintiff.
2. That Plaintiff failed to request an extension of time, answer and respond and/or object to
said discovery as required by the Florida Rules of Civil Procedures.
3. To date, Plaintiff has failed to provide Defendant with a response to discovery.
Page 1 of 2
THE BELLEH LAW FIRM, PA
4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309
Telephone/ Facsimile: (888) 450-7999
4. The answers of the Plaintiff to this discovery are necessary for the proper evaluation and
prosecution of this claims brought by Plaintiff against the Defendant. Defendant is greatly
prejudiced by the failure of the Plaintiff to respond to said discovery.
5. The undersigned certifies that prior to filing this Motion to Compel, counsel whose
signature appears hereon has corresponded with opposing counsel for the purpose of making a
good faith effort to resolve the instant matter, but such attempt was unsuccessful.
WHEREFORE Defendant moves this Court for an Order compelling the Plaintiff to
respond to the discovery propounded herein.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been Furnished to
the parties listed to the attached service list by email on this 24rd day of October 2023.
Respectfully Submitted,
The Belleh Law Group, PLLC
Attorneys for Arsene Menard
4901 NW 17th Way Suite 605
Fort Lauderdale, Florida 33309
Tel/Fax: (888) 450-7999
Email: eservice@bellehlaw.com
owei@bellehlaw.com
By: /s/ Owei Z. Belleh
Owei Z. Belleh Esq.
FBNO.: 617598
SERVICE LIST
Lourdes M. Sanchez-Barcia, Esq.
McCalla Raymer Leibert Pierce, LLC
Attorney for Plaintiff
MRSERVICE@mccalla.com
Page 2 of 2
THE BELLEH LAW FIRM, PA
4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309
Telephone/ Facsimile: (888) 450-7999
Preview
Filing # 184603417 E-Filed 10/24/2023 09:50:23 AM IN T IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO.:2021-CA-026327 FIRST FRANKLIN MORTGAGE LOAN TRUST MORTGAGE LOAM ASSET- BACKED CERTIFICATED, SERIES 2008- FFC, US BANK, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA N.A., AS TRUSTEE, SUCCSSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE Plaintiff, v. ARSENE MANARD Defendant. ___________________________/ DEFENDANT’S EX PARTE MOTION FOR COMPEL COME NOW, the Defendant, Arsene Manard, (“Defendant”), by and through the undersigned counsel, moves the Court for order compelling the Plaintiff First Franklin Mortgage Loan Trust to respond to discovery in this matter and as grounds would show; 1. On July 13th 2023 defendant served upon the plaintiff request for production, Demand for Verification of Dept and Defendants first set of interrogatories on Plaintiff. 2. That Plaintiff failed to request an extension of time, answer and respond and/or object to said discovery as required by the Florida Rules of Civil Procedures. 3. To date, Plaintiff has failed to provide Defendant with a response to discovery. Page 1 of 2 THE BELLEH LAW FIRM, PA 4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309 Telephone/ Facsimile: (888) 450-7999 4. The answers of the Plaintiff to this discovery are necessary for the proper evaluation and prosecution of this claims brought by Plaintiff against the Defendant. Defendant is greatly prejudiced by the failure of the Plaintiff to respond to said discovery. 5. The undersigned certifies that prior to filing this Motion to Compel, counsel whose signature appears hereon has corresponded with opposing counsel for the purpose of making a good faith effort to resolve the instant matter, but such attempt was unsuccessful. WHEREFORE Defendant moves this Court for an Order compelling the Plaintiff to respond to the discovery propounded herein. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been Furnished to the parties listed to the attached service list by email on this 24rd day of October 2023. Respectfully Submitted, The Belleh Law Group, PLLC Attorneys for Arsene Menard 4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309 Tel/Fax: (888) 450-7999 Email: eservice@bellehlaw.com owei@bellehlaw.com By: /s/ Owei Z. Belleh Owei Z. Belleh Esq. FBNO.: 617598 SERVICE LIST Lourdes M. Sanchez-Barcia, Esq. McCalla Raymer Leibert Pierce, LLC Attorney for Plaintiff MRSERVICE@mccalla.com Page 2 of 2 THE BELLEH LAW FIRM, PA 4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309 Telephone/ Facsimile: (888) 450-7999