On December 26, 2012 a
Party Discovery
was filed
involving a dispute between
and
for FCL-HOMESTEAD $50001-$249999
in the District Court of Brevard County.
Preview
Filing # 54236455 E-Filed 03/27/2017 12:11:17 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT, IN
AND FOR’ BREVARD COUNTY,
FLORIDA
CASENO.: 05-2012-CA-65246
NATIONWIDE ADVANTAGE
MORTGAGE COMPANY F/K/A
ALLIED GROUP MORTGAGE
COMPANY
Plaintiff,
ve
DAVID HACKEL, ET AL.
Defendant.
/
DEFENDANT’S REQUEST FOR ADMISSIONS RE: ATTORNEY’S FEES &
MULTIPLIER ISSUES
Defendant propounds the following Requests for Admissions pursuant to Rule 1.370,
Florida Rules of Civil Procedures, and requests that the Plaintiff admit or deny the truth of the facts
set forth as follows within thirty days of receipt. Please take notice that should the Plaintiff deny
any of the requests for admission and such matter later be proven by the Defendant it is Defendant’s
intentions to seek attomey’s fees pursuant to Rule 1.370 regardless of whether Defendant is the
prevailing party in the subject litigation.
1. At the inception of, the Plaintiff's chance of prevailing in the subject action was greater
than 50%.
2. In 2014, of the cases set for trial in Brevard County, wherein NATIONWIDE
ADVANTAGE MORTGAGE COMPANY F/K/A ALLIED GROUP MORTGAGE
COMPANY was the plaintiff, NATIONWIDE ADVANTAGE MORTGAGE
COMPANY F/K/A ALLIED GROUP MORTGAGE COMPANY obtained a consent
judgment or won the trial in more than 80% of the cases.
Filing 54236455 NATIONWIDE VS DENISE CLAUSEN 05-2012-CA-065246-XXXX-XX3. The law firm hired by Plaintiff wins over 80% of its contested foreclosure trials in
Florida.
4. The original lender has not transferred possession of the original promissory note to the
Plaintiff.
5. Plaintiff hired competent, experienced counsel to prosecute the subject action that
specializes in the prosecution of residential mortgage foreclosure cases.
6. A reasonable hourly rate for the services provide in the subject action by Richard Shuster
is not less than $475.00 per hour.
7. A reasonable hourly rate for the services rendered by Purvi Patel in the subject action is
not less than $425.00 per hour.
8. The Defendant was the prevailing party in the subject action.
9. The Defendant is entitled to reasonable attorney’s fees and costs to be paid by the
Plaintiff.
10. The Defendant’s counsel took on contingency risk and risk of non-payment in the subject
action.
1i. The application of a contingency multiplier in this mater is appropriate.
12. Plaintiff's counsel spent more than 80 hours prosecuting this action.
13. Defendant’s counsel reasonably spent more than 85 hours in the defense of the subject
action.
2
Filing 54236455 NATIONWIDE VS DENISE CLAUSEN 05-2012-CA-065246-XXXX-XXCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been E-mailed to Shapiro, Fishman
“ae
& Gaché, LLP. i Macias, Esq.. at SEGBocaService@logs.com on this € Q day of
— ——
O17. .
Filing 54236455
NATIONWIDE VS DENISE CLAUSEN
RICHAR HAHUSTER, ESQUIRE
Fla. Bar No.: 045713
1413 South Patrick Drive. Suite 7
Satellite Beach, Florida 32937
Telephone: — 321-622-5040
Fax Number: 877-335-4747
Primary: richshuster@gmail.com
Secondary: a richardshuster@gmail.com
Attorney for Defendant
05-2012-CA-065246-XXXX-XX
Document Filed Date
March 27, 2017
Case Filing Date
December 26, 2012
Category
FCL-HOMESTEAD $50001-$249999
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Filing # 54236455 E-Filed 03/27/2017 12:11:17 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR’ BREVARD COUNTY, FLORIDA CASENO.: 05-2012-CA-65246 NATIONWIDE ADVANTAGE MORTGAGE COMPANY F/K/A ALLIED GROUP MORTGAGE COMPANY Plaintiff, ve DAVID HACKEL, ET AL. Defendant. / DEFENDANT’S REQUEST FOR ADMISSIONS RE: ATTORNEY’S FEES & MULTIPLIER ISSUES Defendant propounds the following Requests for Admissions pursuant to Rule 1.370, Florida Rules of Civil Procedures, and requests that the Plaintiff admit or deny the truth of the facts set forth as follows within thirty days of receipt. Please take notice that should the Plaintiff deny any of the requests for admission and such matter later be proven by the Defendant it is Defendant’s intentions to seek attomey’s fees pursuant to Rule 1.370 regardless of whether Defendant is the prevailing party in the subject litigation. 1. At the inception of, the Plaintiff's chance of prevailing in the subject action was greater than 50%. 2. In 2014, of the cases set for trial in Brevard County, wherein NATIONWIDE ADVANTAGE MORTGAGE COMPANY F/K/A ALLIED GROUP MORTGAGE COMPANY was the plaintiff, NATIONWIDE ADVANTAGE MORTGAGE COMPANY F/K/A ALLIED GROUP MORTGAGE COMPANY obtained a consent judgment or won the trial in more than 80% of the cases. Filing 54236455 NATIONWIDE VS DENISE CLAUSEN 05-2012-CA-065246-XXXX-XX3. The law firm hired by Plaintiff wins over 80% of its contested foreclosure trials in Florida. 4. The original lender has not transferred possession of the original promissory note to the Plaintiff. 5. Plaintiff hired competent, experienced counsel to prosecute the subject action that specializes in the prosecution of residential mortgage foreclosure cases. 6. A reasonable hourly rate for the services provide in the subject action by Richard Shuster is not less than $475.00 per hour. 7. A reasonable hourly rate for the services rendered by Purvi Patel in the subject action is not less than $425.00 per hour. 8. The Defendant was the prevailing party in the subject action. 9. The Defendant is entitled to reasonable attorney’s fees and costs to be paid by the Plaintiff. 10. The Defendant’s counsel took on contingency risk and risk of non-payment in the subject action. 1i. The application of a contingency multiplier in this mater is appropriate. 12. Plaintiff's counsel spent more than 80 hours prosecuting this action. 13. Defendant’s counsel reasonably spent more than 85 hours in the defense of the subject action. 2 Filing 54236455 NATIONWIDE VS DENISE CLAUSEN 05-2012-CA-065246-XXXX-XXCERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been E-mailed to Shapiro, Fishman “ae & Gaché, LLP. i Macias, Esq.. at SEGBocaService@logs.com on this € Q day of — —— O17. . Filing 54236455 NATIONWIDE VS DENISE CLAUSEN RICHAR HAHUSTER, ESQUIRE Fla. Bar No.: 045713 1413 South Patrick Drive. Suite 7 Satellite Beach, Florida 32937 Telephone: — 321-622-5040 Fax Number: 877-335-4747 Primary: richshuster@gmail.com Secondary: a richardshuster@gmail.com Attorney for Defendant 05-2012-CA-065246-XXXX-XX