DEFENDANT SDC COMMUNITIES INC AND HENRY RODRIGUEZ RESPONSE TO MOTION FOR RECONSIDERATION - MCCANN HOLDINGS LTD vs BENDERSON, RANDALL et al

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On May 16, 2011 a case was filed by Mccann Holdings Ltd, represented by Norse, Kristin Ann, against Benderson, Randall, Rodriguez, Henry, Sdc Communities Inc et al. represented by Bentley, Morgan, Sandridge, Hala A, and Vogler, Edward Ii, in the jurisdiction of Sarasota County. Judge MERCURIO, FREDERICK P presiding.

                        
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                          Filing # 46154389 E-Filed 09/07/2016 03:54:00 PM

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA

McCANN HOLDINGS, LTD.,

Plaintiff,
VS. CASE NO. 2011 CA 003897 NC

SDC COMMUNITIES, INC.,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC, and
HENRY RODRIGUEZ,

Defendants,
/

sary:

DEFENDANTS, SDC COMMUNITIES, INC,, AND HENRY RODRIGUEZ, RESPONSE
TO MOTION FOR RECONSIDERATION

Per this Court’s Order dated August 26, 2016, Defendants SDC Communities, Inc.

(“SDC”) and Henry Rodriguez (“Rodriguez”) (collectively, “Defendants”) respond to Plaintiffs

Motion for Reconsideration as follows:

I. Plaintiffs Motion for Reconsideration rests on the argument that the Offers of Judgment
at issue were intended to settle all claims of all defendants and are therefore invalid.

2. First, as outlined in Defendants’ filed papers and at Oral Argument, Plaintiff's argument
ignores the words of the Offer: the Offer is a “final and binding offer to settle all cla…