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Filing # 185038178 E-Filed 10/30/2023 12:03:07 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MIAMI-DADE COUNTY
CASE NO. 13-2021-CA-026327
FIRST FRANKLIN MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-FFC, U.S.
BANK NATIONAL ASSOCIATION, AS TRUSTEE,
SUCCESSOR IN INTEREST TO BANK OF
AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY
MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE,
Plaintiff,
vs.
ARSENE MENARD, et al.,
Defendant.
PLAINTIFF’S MOTION TO VACATE DEFENDANT’S MOTION TO COMPEL OF
OCTOBER 24, 2023 AND FOR SANCTIONS
Plaintiff by and through its undersigned counsel hereby files this
Motion to Vacate the Order executed on October 24, 2023. Additionally,
Plaintiff moves for sanctions against Ms. Mendard’s counsel. In support
thereof, Plaintiff states:
1. On October 24, 2023 at 9:50 a.m., Defendant, Arsene Menard, filed
a Motion to Compel stating in pertinent part:
“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.”
A copy of the Motion to Compel is attached hereto as
Exhibit A.
2. No contact was ever made with Plaintiff’s counsel to try to resolve
the discovery dispute.
3. On October 24, 2023 at 9:59 a.m., just nine minutes after Ms.
Menard’s counsel filed the Motion to Compel, an ex-parte Order on
Defendants Motion to Compel Discovery was uploaded for execution
Exhibit B.
21-04229FL
4. On October 24, 2023 at 10:04 a.m., the undersigned sent an email
to Ms. Menard’s counsel in an attempt to correct the
misrepresentation made to the Court and to resolve this matter.
5. On October 24, 2023 at 10:15 a.m., The Court entered the Ex-Parte
Order on Defendant’s Motion to Compel Discovery Exhibit C.
6. Plaintiff’s counsel emailed counsel for the Defendant at 10:04 am
in an effort to correct this matter. Despite multiple emails
going back and forth counsel for the Defendant took no action to
advise the Court of the false information in the Motion to Compel
that had already resulted in an Order being entered and instead
Defendant filed an Amended Motion to Compel (DE #33) that simply
removed the offending and misleading language Exhibit D.
7. Attorneys owe a duty of candor to the Court. The issue in this
matter is not that the Motion was filed with incorrect information
but rather once this error was brough to the attention of Counsel
for the Defendant no action was taken to correct same.
8. Plaintiff request that the Order on the Motion to Compel be
vacated.
9. Plaintiff further request that Defendant’s counsel be sanctioned
by the Court for filing clearly false and misleading information.
WHEREFORE, the Plaintiff, FIRST FRANKLIN MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-FFC, U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF
AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, files this its Motion to Vacate the Order
executed on October 24, 2023 and for sanctions against Ms. Mendard’s
counsel, and any further action this court deems proper.
21-04229FL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was: (x)
E-mailed (x) Mailed this 30th day of October 2023, to all parties on the
attached service list.
\s\ Lourdes M. Sanchez-Barcia, Esq.
Lourdes M. Sanchez-Barcia, Esq.
McCalla Raymer Leibert Pierce, LLC
Attorney for Plaintiff
225 East Robinson Street, Suite 155
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccalla.com
Fla. Bar No.: 598461
SERVICE LIST
ARSENE MENARD
c/o The Belleh Law Group, PLLC Attorneys
4901 NW 17th Way Suite 605
Fort Lauderdale, Florida 33309
Tel/Fax: (888) 450-7999
Email: eservice@bellehlaw.com
owei@bellehlaw.com
NELTA MENARD
Units A and Unit B
524 NW 98 ST
Miami, FL 33150
UNKNOWN TENANT IN POSSESSION 1
N/K/A NELSON PIERRE
524 NW 98 ST
Miami, FL 33150
21-04229FL
EXHIBIT A
Lourdes M. Sanchez-Barcia
From: eservice@myflcourtaccess.com
Sent: Tuesday, October 24, 2023 9:50 AM
Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust
Mortgage Loan A et al vs Arsene Menard et al
Notice of Service of Court Documents
Filing Information
Filing #: 184603417
Filing Time: 10/24/2023 09:50:23 AM ET
Filer: Owei Zidforodi Belleh 888-450-7999
Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Case #: 132021CA026327000001
Court Case #: 2021-026327-CA-01
Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al
Documents Click on the file name below to download or print your document NOW. The link expires in 14 days
Documents
Title File
Motion to Compel.rtf
Motion To Compel
E-service recipients selected for service:
Name Email Address
N/A sara.collins@mccalla.com
Lourdes M. Sanchez-Barcia Esq. e-portalconfirmations@mccalla.com
Lourdes.Sanchez@mccalla.com
Erika.Echeto@mccalla.com
Owei Zidforodi Belleh eservice@bellehlaw.com
owei@bellehlaw.com
slgarroway@gmail.com
Sara B Collins e-portalconfirmations@mccalla.com
1
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sara.collins@mccalla.com
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request_id#:184603417;Audit#:631212552;UCN#:132021CA026327000001;
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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
EXHIBIT B
Lourdes M. Sanchez-Barcia
From: noreply@jud11.flcourts.org
Sent: Tuesday, October 24, 2023 9:58 AM
Subject: SERVICE OF DRAFT COURT DOCUMENT: 2021-026327-CA-01
This is a system generated email. Please do not reply to this message.
Please DO NOT efile documents received from courtMAP. The Court will efile all documents once approved.
Division: CA24
Case No: 2021-026327-CA-01
Style:
First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al
Court Order: Proposed Order
Document Title: EX PARTE ORDER ON DEFENDANTS MOTION TO COMPEL DISCOVERY
Status: Pending
Please visit the Judge's webpage (https://urldefense.com/v3/__https://www.jud11.flcourts.org/About-the-
Court/Judges/Judicial-Directory__;!!AvNXWifV!sNFOb8KHrIhqUkW7kmHoYoLSTvKsgew-7zZYTn56Fvd0y3wK40W-
MbZm1uuJRmreB8LQcygJNldotY8V8R7m5vef4GPOQg$ ) for additional instructions.
The 11th Judicial Circuit serves the citizens of Miami-Dade County Florida. The information transmitted is intended only
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delete the material from any computer.
1
EXHIBIT C
Lourdes M. Sanchez-Barcia
From: eservice@myflcourtaccess.com
Sent: Tuesday, October 24, 2023 10:15 AM
Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust
Mortgage Loan A et al vs Arsene Menard et al
Notice of Service of Court Documents
Filing Information
Filing #: 184606979
Filing Time: 10/24/2023 10:15:18 AM ET
Filer: Circuit Civil Section CA24 Judge 305-349-5600
Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Case #: 132021CA026327000001
Court Case #: 2021-026327-CA-01
Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al
Documents Click on the file name below to download or print your document NOW. The link expires in 14 days
Documents
Title File
Order.pdf
Order:
E-service recipients selected for service:
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N/A e-portalconfirmations@mccalla.com
mrservice@mccalla.com
sara.collins@mccalla.com
eservice@bellehlaw.com
owei@bellehlaw.com
slgarroway@gmail.com
e-portalconfirmations@mccalla.com
Lourdes.Sanchez@mccalla.com
1
Name Email Address
Erika.Echeto@mccalla.com
E-service recipients not selected for service:
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No Matching Entries
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Document Access Link(s) will be active for 14 days (excluding weekends) after
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the link for 14 days (excluding weekends), the documents will also be
available, after acceptance by the Clerk, to counsel of record in the portal on
the My Cases page, by clicking on the case number and then the document
name, or by accessing the Clerk’s website.
If you are not associated with this case and wish to be removed, please click here to
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Thank you,
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request_id#:184606979;Audit#:631226222;UCN#:132021CA026327000001;
2
Filing # 184606979 E-Filed 10/24/2023 10:15:18 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2021-026327-CA-01
SECTION: CA24
JUDGE: Antonio Arzola
First Franklin Mortgage Loan Trust Mortgage Loan A et al
Plaintiff(s)
vs.
Arsene Menard et al
Defendant(s)
____________________________/
EX PARTE ORDER ON DEFENDANTS MOTION TO COMPEL DISCOVERY
THIS CAUSE, having come before this Court on Defendant Motion to Compel Discovery, and the
Court being fully advised in the premises, it is:
ORDERED AND ADJUDGED that Defendant have ten (10) days from the date of this Order within
which to respond to Defendants Request for Production Demand for Verification of Dept and Defendants
first set of interrogatories on Plaintiff propounded on July 13th 2023, pursuant to Local Rule 10A.
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 24th day of October,
2023.
2021-026327-CA-01 10-24-2023 10:07 AM
Hon. Antonio Arzola
CIRCUIT COURT JUDGE
Electronically Signed
Case No: 2021-026327-CA-01 Page 1 of 2
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
Electronically Served:
Lourdes M. Sanchez-Barcia Esq., e-portalconfirmations@mccalla.com
Lourdes M. Sanchez-Barcia Esq., Lourdes.Sanchez@mccalla.com
Lourdes M. Sanchez-Barcia Esq., Erika.Echeto@mccalla.com
Owei Zidforodi Belleh, eservice@bellehlaw.com
Owei Zidforodi Belleh, owei@bellehlaw.com
Owei Zidforodi Belleh, slgarroway@gmail.com
Sara B Collins, e-portalconfirmations@mccalla.com
Sara B Collins, mrservice@mccalla.com
Sara B Collins, sara.collins@mccalla.com
Physically Served:
Case No: 2021-026327-CA-01 Page 2 of 2
EXHIBIT D
Lourdes M. Sanchez-Barcia
From: eservice@myflcourtaccess.com
Sent: Tuesday, October 24, 2023 10:39 AM
Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust
Mortgage Loan A et al vs Arsene Menard et al
Notice of Service of Court Documents
Filing Information
Filing #: 184610465
Filing Time: 10/24/2023 10:38:56 AM ET
Filer: Owei Zidforodi Belleh 888-450-7999
Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Case #: 132021CA026327000001
Court Case #: 2021-026327-CA-01
Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al
Documents Click on the file name below to download or print your document NOW. The link expires in 14 days
Documents
Title File
Motion to Compel.rtf
Amended Motion
E-service recipients selected for service:
Name Email Address
N/A sara.collins@mccalla.com
Lourdes M. Sanchez-Barcia Esq. e-portalconfirmations@mccalla.com
Lourdes.Sanchez@mccalla.com
Erika.Echeto@mccalla.com
Owei Zidforodi Belleh eservice@bellehlaw.com
owei@bellehlaw.com
slgarroway@gmail.com
Sara B Collins e-portalconfirmations@mccalla.com
1
Name Email Address
mrservice@mccalla.com
sara.collins@mccalla.com
E-service recipients not selected for service:
Name Email Address
No Matching Entries
This is an automatic email message generated by the Florida Courts E-Filing Portal. This
email address does not receive email.
Document Access Link(s) will be active for 14 days (excluding weekends) after
the Clerk accepts the submission or it is abandoned. In addition to access to
the link for 14 days (excluding weekends), the documents will also be
available, after acceptance by the Clerk, to counsel of record in the portal on
the My Cases page, by clicking on the case number and then the document
name, or by accessing the Clerk’s website.
If you are not associated with this case and wish to be removed, please click here to
request to be removed from the E-service list.
Thank you,
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request_id#:184610465;Audit#:631238957;UCN#:132021CA026327000001;
2
Filing # 184610465 E-Filed 10/24/2023 10:38:56 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 AMENDED 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.
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 # 185038178 E-Filed 10/30/2023 12:03:07 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY CASE NO. 13-2021-CA-026327 FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-FFC, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff, vs. ARSENE MENARD, et al., Defendant. PLAINTIFF’S MOTION TO VACATE DEFENDANT’S MOTION TO COMPEL OF OCTOBER 24, 2023 AND FOR SANCTIONS Plaintiff by and through its undersigned counsel hereby files this Motion to Vacate the Order executed on October 24, 2023. Additionally, Plaintiff moves for sanctions against Ms. Mendard’s counsel. In support thereof, Plaintiff states: 1. On October 24, 2023 at 9:50 a.m., Defendant, Arsene Menard, filed a Motion to Compel stating in pertinent part: “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.” A copy of the Motion to Compel is attached hereto as Exhibit A. 2. No contact was ever made with Plaintiff’s counsel to try to resolve the discovery dispute. 3. On October 24, 2023 at 9:59 a.m., just nine minutes after Ms. Menard’s counsel filed the Motion to Compel, an ex-parte Order on Defendants Motion to Compel Discovery was uploaded for execution Exhibit B. 21-04229FL 4. On October 24, 2023 at 10:04 a.m., the undersigned sent an email to Ms. Menard’s counsel in an attempt to correct the misrepresentation made to the Court and to resolve this matter. 5. On October 24, 2023 at 10:15 a.m., The Court entered the Ex-Parte Order on Defendant’s Motion to Compel Discovery Exhibit C. 6. Plaintiff’s counsel emailed counsel for the Defendant at 10:04 am in an effort to correct this matter. Despite multiple emails going back and forth counsel for the Defendant took no action to advise the Court of the false information in the Motion to Compel that had already resulted in an Order being entered and instead Defendant filed an Amended Motion to Compel (DE #33) that simply removed the offending and misleading language Exhibit D. 7. Attorneys owe a duty of candor to the Court. The issue in this matter is not that the Motion was filed with incorrect information but rather once this error was brough to the attention of Counsel for the Defendant no action was taken to correct same. 8. Plaintiff request that the Order on the Motion to Compel be vacated. 9. Plaintiff further request that Defendant’s counsel be sanctioned by the Court for filing clearly false and misleading information. WHEREFORE, the Plaintiff, FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-FFC, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, files this its Motion to Vacate the Order executed on October 24, 2023 and for sanctions against Ms. Mendard’s counsel, and any further action this court deems proper. 21-04229FL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was: (x) E-mailed (x) Mailed this 30th day of October 2023, to all parties on the attached service list. \s\ Lourdes M. Sanchez-Barcia, Esq. Lourdes M. Sanchez-Barcia, Esq. McCalla Raymer Leibert Pierce, LLC Attorney for Plaintiff 225 East Robinson Street, Suite 155 Orlando, FL 32801 Phone: (407) 674-1850 Fax: (321) 248-0420 Email: MRService@mccalla.com Fla. Bar No.: 598461 SERVICE LIST ARSENE MENARD c/o The Belleh Law Group, PLLC Attorneys 4901 NW 17th Way Suite 605 Fort Lauderdale, Florida 33309 Tel/Fax: (888) 450-7999 Email: eservice@bellehlaw.com owei@bellehlaw.com NELTA MENARD Units A and Unit B 524 NW 98 ST Miami, FL 33150 UNKNOWN TENANT IN POSSESSION 1 N/K/A NELSON PIERRE 524 NW 98 ST Miami, FL 33150 21-04229FL EXHIBIT A Lourdes M. Sanchez-Barcia From: eservice@myflcourtaccess.com Sent: Tuesday, October 24, 2023 9:50 AM Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Notice of Service of Court Documents Filing Information Filing #: 184603417 Filing Time: 10/24/2023 09:50:23 AM ET Filer: Owei Zidforodi Belleh 888-450-7999 Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida Case #: 132021CA026327000001 Court Case #: 2021-026327-CA-01 Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Documents Click on the file name below to download or print your document NOW. The link expires in 14 days Documents Title File Motion to Compel.rtf Motion To Compel E-service recipients selected for service: Name Email Address N/A sara.collins@mccalla.com Lourdes M. Sanchez-Barcia Esq. e-portalconfirmations@mccalla.com Lourdes.Sanchez@mccalla.com Erika.Echeto@mccalla.com Owei Zidforodi Belleh eservice@bellehlaw.com owei@bellehlaw.com slgarroway@gmail.com Sara B Collins e-portalconfirmations@mccalla.com 1 Name Email Address mrservice@mccalla.com sara.collins@mccalla.com E-service recipients not selected for service: Name Email Address No Matching Entries This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Document Access Link(s) will be active for 14 days (excluding weekends) after the Clerk accepts the submission or it is abandoned. In addition to access to the link for 14 days (excluding weekends), the documents will also be available, after acceptance by the Clerk, to counsel of record in the portal on the My Cases page, by clicking on the case number and then the document name, or by accessing the Clerk’s website. If you are not associated with this case and wish to be removed, please click here to request to be removed from the E-service list. Thank you, The Florida Courts E-Filing Portal request_id#:184603417;Audit#:631212552;UCN#:132021CA026327000001; 2 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 EXHIBIT B Lourdes M. Sanchez-Barcia From: noreply@jud11.flcourts.org Sent: Tuesday, October 24, 2023 9:58 AM Subject: SERVICE OF DRAFT COURT DOCUMENT: 2021-026327-CA-01 This is a system generated email. Please do not reply to this message. Please DO NOT efile documents received from courtMAP. The Court will efile all documents once approved. Division: CA24 Case No: 2021-026327-CA-01 Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Court Order: Proposed Order Document Title: EX PARTE ORDER ON DEFENDANTS MOTION TO COMPEL DISCOVERY Status: Pending Please visit the Judge's webpage (https://urldefense.com/v3/__https://www.jud11.flcourts.org/About-the- Court/Judges/Judicial-Directory__;!!AvNXWifV!sNFOb8KHrIhqUkW7kmHoYoLSTvKsgew-7zZYTn56Fvd0y3wK40W- MbZm1uuJRmreB8LQcygJNldotY8V8R7m5vef4GPOQg$ ) for additional instructions. The 11th Judicial Circuit serves the citizens of Miami-Dade County Florida. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 1 EXHIBIT C Lourdes M. Sanchez-Barcia From: eservice@myflcourtaccess.com Sent: Tuesday, October 24, 2023 10:15 AM Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Notice of Service of Court Documents Filing Information Filing #: 184606979 Filing Time: 10/24/2023 10:15:18 AM ET Filer: Circuit Civil Section CA24 Judge 305-349-5600 Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida Case #: 132021CA026327000001 Court Case #: 2021-026327-CA-01 Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Documents Click on the file name below to download or print your document NOW. The link expires in 14 days Documents Title File Order.pdf Order: E-service recipients selected for service: Name Email Address N/A e-portalconfirmations@mccalla.com mrservice@mccalla.com sara.collins@mccalla.com eservice@bellehlaw.com owei@bellehlaw.com slgarroway@gmail.com e-portalconfirmations@mccalla.com Lourdes.Sanchez@mccalla.com 1 Name Email Address Erika.Echeto@mccalla.com E-service recipients not selected for service: Name Email Address No Matching Entries This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Document Access Link(s) will be active for 14 days (excluding weekends) after the Clerk accepts the submission or it is abandoned. In addition to access to the link for 14 days (excluding weekends), the documents will also be available, after acceptance by the Clerk, to counsel of record in the portal on the My Cases page, by clicking on the case number and then the document name, or by accessing the Clerk’s website. If you are not associated with this case and wish to be removed, please click here to request to be removed from the E-service list. Thank you, The Florida Courts E-Filing Portal request_id#:184606979;Audit#:631226222;UCN#:132021CA026327000001; 2 Filing # 184606979 E-Filed 10/24/2023 10:15:18 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2021-026327-CA-01 SECTION: CA24 JUDGE: Antonio Arzola First Franklin Mortgage Loan Trust Mortgage Loan A et al Plaintiff(s) vs. Arsene Menard et al Defendant(s) ____________________________/ EX PARTE ORDER ON DEFENDANTS MOTION TO COMPEL DISCOVERY THIS CAUSE, having come before this Court on Defendant Motion to Compel Discovery, and the Court being fully advised in the premises, it is: ORDERED AND ADJUDGED that Defendant have ten (10) days from the date of this Order within which to respond to Defendants Request for Production Demand for Verification of Dept and Defendants first set of interrogatories on Plaintiff propounded on July 13th 2023, pursuant to Local Rule 10A. DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 24th day of October, 2023. 2021-026327-CA-01 10-24-2023 10:07 AM Hon. Antonio Arzola CIRCUIT COURT JUDGE Electronically Signed Case No: 2021-026327-CA-01 Page 1 of 2 No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT Electronically Served: Lourdes M. Sanchez-Barcia Esq., e-portalconfirmations@mccalla.com Lourdes M. Sanchez-Barcia Esq., Lourdes.Sanchez@mccalla.com Lourdes M. Sanchez-Barcia Esq., Erika.Echeto@mccalla.com Owei Zidforodi Belleh, eservice@bellehlaw.com Owei Zidforodi Belleh, owei@bellehlaw.com Owei Zidforodi Belleh, slgarroway@gmail.com Sara B Collins, e-portalconfirmations@mccalla.com Sara B Collins, mrservice@mccalla.com Sara B Collins, sara.collins@mccalla.com Physically Served: Case No: 2021-026327-CA-01 Page 2 of 2 EXHIBIT D Lourdes M. Sanchez-Barcia From: eservice@myflcourtaccess.com Sent: Tuesday, October 24, 2023 10:39 AM Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA026327000001 First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Notice of Service of Court Documents Filing Information Filing #: 184610465 Filing Time: 10/24/2023 10:38:56 AM ET Filer: Owei Zidforodi Belleh 888-450-7999 Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida Case #: 132021CA026327000001 Court Case #: 2021-026327-CA-01 Case Style: First Franklin Mortgage Loan Trust Mortgage Loan A et al vs Arsene Menard et al Documents Click on the file name below to download or print your document NOW. The link expires in 14 days Documents Title File Motion to Compel.rtf Amended Motion E-service recipients selected for service: Name Email Address N/A sara.collins@mccalla.com Lourdes M. Sanchez-Barcia Esq. e-portalconfirmations@mccalla.com Lourdes.Sanchez@mccalla.com Erika.Echeto@mccalla.com Owei Zidforodi Belleh eservice@bellehlaw.com owei@bellehlaw.com slgarroway@gmail.com Sara B Collins e-portalconfirmations@mccalla.com 1 Name Email Address mrservice@mccalla.com sara.collins@mccalla.com E-service recipients not selected for service: Name Email Address No Matching Entries This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Document Access Link(s) will be active for 14 days (excluding weekends) after the Clerk accepts the submission or it is abandoned. In addition to access to the link for 14 days (excluding weekends), the documents will also be available, after acceptance by the Clerk, to counsel of record in the portal on the My Cases page, by clicking on the case number and then the document name, or by accessing the Clerk’s website. If you are not associated with this case and wish to be removed, please click here to request to be removed from the E-service list. Thank you, The Florida Courts E-Filing Portal request_id#:184610465;Audit#:631238957;UCN#:132021CA026327000001; 2 Filing # 184610465 E-Filed 10/24/2023 10:38:56 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 AMENDED 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. 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