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Filing # 101278804 E-Filed 01/07/2020 06:17:34 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
MOBOOKA, LLC., CIRCUIT CIVIL DIVISION
a Florida limited liability company,
Plaintiff, CASE NO.: 2017-CA-004043
v.
JOHN HANCOCK, individually, and
FORSA LLC, a Wyoming limited liability
company,
Defendant.
MOTION FOR SANCTIONS AND FOR ORDER TO SHOW CAUSE
COMES NOW, the Plaintiff, MOBOOKA, LLC. (“Plaintiff”), by and through the
undersigned counsel, moves this court for an order sanctioning JOHN HANCOCK (“Hancock”),
and FORSA, LLC (Forsa) for failure to provide post judgment discovery, and entering an order of
contempt against them and states as follows:
1. On February 7, 2019 and on October 10, 2019, Final Judgments were entered against Forsa
and Hancock respectivelyl. A true and correct copy of said Final Judgments are attached hereto as
Exhibit “A.”
2. Pursuant to the Final Judgment, Hancock was obligated to provide a completed Form
1.977(b) together with all attachments. See Exhibit “A.”
3. However, Hancock failed to provide said attachments and Plaintiff was forced to file a
motion to compel Hancock to do so.
4. For its part, Forsa failed to provide complete bank statements as required by the Final
Judgment and Order entered compeing it to do so.
Page 1 of 3
EPGD ATTORNEYS AT LAW, P.A.
777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com
5. The Court entered Orders on December 19, 2019 mandating Hancock and Forsa provide
said post judgment discovery within 10 days and awarding attorneys fees against Forsa. True and
correct copies of said Orders are attached hereto as Exhibit “B.”
6. The Order further stated that should Hancock fail to provide a complete Form 1.977 with
attachments, he would be sanctioned in the form of attorney’s fees, and an Order to Show Cause
would be entered against him. See Exhibit “B.”
7. Hancock timely provided almost all required documentation, and Plaintiff did not object to
Hancock taking until January 6, 2020 to provide missing documents.
8. Nevertheless, Hancock did not produce the required documents.
9. In particular, Hancock has not provided:
a. Motor vehicle registrations and titles that have become apparent from bank
statements.
b. Deeds/and titles to any real or personal property Hancock owns or is buying, or
leases to property Hancock is renting, that have become apparent from bank
statements.
c. Hancock’s last two tax returns (Hancock has only partially produced 2016).
10. Plaintiff therefore asks that this Court sanction Hancock in the form of attorney’s fees for
the drafting of the motion to compel and this Motion, and for the hearings thereof as per the Court’s
December 19, 2019 Order.
11. Moreover, Forsa failed to provide complete bank statements as per the court’s previous
Orders, and should be further sanctioned.
12. Lasty, Plaintiffs asks that this Court enter an Order to show Cause as to why the Form
1.977 was not timely and fully produced by Hancock.
WHEREFORE Plaintiff respectfully requests this honorable Court sanction Hancock for
failure to provide the post judgment discovery including Form 1.977(a), further compel Hancock
Page 2 of 3
EPGD ATTORNEYS AT LAW, P.A.
777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com
to provide said form, to enter an Order to show Cause, compel Forsa to provide a completed form
and further sanction it, and any further relief the Court deems appropriate.
EPGD ATTORNEYS AT LAW, P.A.
ATTORNEYS FOR PLAINTIFF
777 SW 37th Ave., Ste. 510
Miami, Florida 33135
Tel: (786) 837-6787
Fax: (305) 718-0687
sam@epgdlaw.com
BY: /S/ Samuel J Gittle
Samuel J. Gittle, Esq.
Florida Bar No.: 99778
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was via U.S. Mail and by the
Florida Courts e-filing Portal to John Hancock, 5305 Lisa Ave. Lakeland, FL 33813,
(hancock.j.g@gmail.com) on January 7, 2020.
BY: /S/ Samuel J. Gittle
Samuel J. Gittle, Esq.
Florida Bar No.: 99778
Page 3 of 3
EPGD ATTORNEYS AT LAW, P.A.
777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com
Exhibit “A”
Filing # 97066333 E-Filed 10/10/2019 03:51:32 PM
IN THE CIRCUIT COURT OF THE NINTII JI'DICIAL CIRCUIT
IN AND FOR ORANGE COT]NTY, FLORIDA
MOBOOKA, LLC, a Florida limited liability
company, CASE NO.: 2017 -CA-004043
Plaintiff,
JOHN HANCOCK, et. al.,
Defendants.
FINAL JUDGMENT
THIS CAUSE came before the Court on Plaintiff MOBOOKA LLC's Motion for Partial
Summary Judgment on Count III of the Complaint and Memorandum of Law dated August 23,
2019 against JOHN HANCOCK. Having reviewed the Motion, and being otherwise duly advised
on the premises, it is hereby ORDERED AND ADJUDGED that:
l. Plaintiff MOBOOKA, LLC's Motion is GRANTED.
2. FINAL JUDGMENT IS ENTERED in favor of Plaintiff MOBOOKA LLC
address 2910 Maguire RD Suite 2010 Ocoee, FL 34761 and against Defendant JOHN
HANCOCK, address 5305 Lisa Ave Lakeland, FL 33813, which adjudication shall constitute
an adjudication on the merits of Plaintiff s action, and implicate the doctrine of res judicata
for all purposes.
3. Plaintiff MOBOOKA LLC, shall recover from JOHN HANCOCK, the amount
of Three Hundred Forty-Three Thousand Seven Hundred Two Dollars ($343,702.00), which
sum shall bear interest at the rate of 6.89Yo per annum from the date of this Final Judgment,
and adjusted annually pursuant to Fla. stat. Sec. 55.03(3), until the Final Judgment is fully
satisfled, for all of which let execution issue forthwith.
4. The Court reserves jurisdiction for MOBOOKA LLC for any related
proceedings in obtaining and enforcing this Final Judgment.
5. Defendant JOHN HANCOCK shall complete under oath Florida Rule of Civil
Procedure Form 1.977 (Fact Information Sheet) including all required attachments, and shall
serve their completed Fact Information Sheets and all attachments on Plaintiffls attorney
within forty-five (45) days from the date of this Judgment, unless the Judgment is satisfied
or post-judgment discovery is stayed.
6. Plaintiff is granted entitlement to its reasonable attorney's fees and taxable
costs and the Court retains jurisdiction to determine the reasonableness thereof.
DONE and ORDERED in Chambers in Orange County, Florida this
44'
Iday ofOctober,
2019.
T}IEHONORABLE KEV
cc: all parties and counsel
Exhibit “B”
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Filing # 101278804 E-Filed 01/07/2020 06:17:34 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MOBOOKA, LLC., CIRCUIT CIVIL DIVISION a Florida limited liability company, Plaintiff, CASE NO.: 2017-CA-004043 v. JOHN HANCOCK, individually, and FORSA LLC, a Wyoming limited liability company, Defendant. MOTION FOR SANCTIONS AND FOR ORDER TO SHOW CAUSE COMES NOW, the Plaintiff, MOBOOKA, LLC. (“Plaintiff”), by and through the undersigned counsel, moves this court for an order sanctioning JOHN HANCOCK (“Hancock”), and FORSA, LLC (Forsa) for failure to provide post judgment discovery, and entering an order of contempt against them and states as follows: 1. On February 7, 2019 and on October 10, 2019, Final Judgments were entered against Forsa and Hancock respectivelyl. A true and correct copy of said Final Judgments are attached hereto as Exhibit “A.” 2. Pursuant to the Final Judgment, Hancock was obligated to provide a completed Form 1.977(b) together with all attachments. See Exhibit “A.” 3. However, Hancock failed to provide said attachments and Plaintiff was forced to file a motion to compel Hancock to do so. 4. For its part, Forsa failed to provide complete bank statements as required by the Final Judgment and Order entered compeing it to do so. Page 1 of 3 EPGD ATTORNEYS AT LAW, P.A. 777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com 5. The Court entered Orders on December 19, 2019 mandating Hancock and Forsa provide said post judgment discovery within 10 days and awarding attorneys fees against Forsa. True and correct copies of said Orders are attached hereto as Exhibit “B.” 6. The Order further stated that should Hancock fail to provide a complete Form 1.977 with attachments, he would be sanctioned in the form of attorney’s fees, and an Order to Show Cause would be entered against him. See Exhibit “B.” 7. Hancock timely provided almost all required documentation, and Plaintiff did not object to Hancock taking until January 6, 2020 to provide missing documents. 8. Nevertheless, Hancock did not produce the required documents. 9. In particular, Hancock has not provided: a. Motor vehicle registrations and titles that have become apparent from bank statements. b. Deeds/and titles to any real or personal property Hancock owns or is buying, or leases to property Hancock is renting, that have become apparent from bank statements. c. Hancock’s last two tax returns (Hancock has only partially produced 2016). 10. Plaintiff therefore asks that this Court sanction Hancock in the form of attorney’s fees for the drafting of the motion to compel and this Motion, and for the hearings thereof as per the Court’s December 19, 2019 Order. 11. Moreover, Forsa failed to provide complete bank statements as per the court’s previous Orders, and should be further sanctioned. 12. Lasty, Plaintiffs asks that this Court enter an Order to show Cause as to why the Form 1.977 was not timely and fully produced by Hancock. WHEREFORE Plaintiff respectfully requests this honorable Court sanction Hancock for failure to provide the post judgment discovery including Form 1.977(a), further compel Hancock Page 2 of 3 EPGD ATTORNEYS AT LAW, P.A. 777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com to provide said form, to enter an Order to show Cause, compel Forsa to provide a completed form and further sanction it, and any further relief the Court deems appropriate. EPGD ATTORNEYS AT LAW, P.A. ATTORNEYS FOR PLAINTIFF 777 SW 37th Ave., Ste. 510 Miami, Florida 33135 Tel: (786) 837-6787 Fax: (305) 718-0687 sam@epgdlaw.com BY: /S/ Samuel J Gittle Samuel J. Gittle, Esq. Florida Bar No.: 99778 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was via U.S. Mail and by the Florida Courts e-filing Portal to John Hancock, 5305 Lisa Ave. Lakeland, FL 33813, (hancock.j.g@gmail.com) on January 7, 2020. BY: /S/ Samuel J. Gittle Samuel J. Gittle, Esq. Florida Bar No.: 99778 Page 3 of 3 EPGD ATTORNEYS AT LAW, P.A. 777 SW 37th Ave Ste. 510, Miami, Florida 33135 • T: (786) 837-6787 | F: (305) 718-0687 • www.epgdlaw.com Exhibit “A” Filing # 97066333 E-Filed 10/10/2019 03:51:32 PM IN THE CIRCUIT COURT OF THE NINTII JI'DICIAL CIRCUIT IN AND FOR ORANGE COT]NTY, FLORIDA MOBOOKA, LLC, a Florida limited liability company, CASE NO.: 2017 -CA-004043 Plaintiff, JOHN HANCOCK, et. al., Defendants. FINAL JUDGMENT THIS CAUSE came before the Court on Plaintiff MOBOOKA LLC's Motion for Partial Summary Judgment on Count III of the Complaint and Memorandum of Law dated August 23, 2019 against JOHN HANCOCK. Having reviewed the Motion, and being otherwise duly advised on the premises, it is hereby ORDERED AND ADJUDGED that: l. Plaintiff MOBOOKA, LLC's Motion is GRANTED. 2. FINAL JUDGMENT IS ENTERED in favor of Plaintiff MOBOOKA LLC address 2910 Maguire RD Suite 2010 Ocoee, FL 34761 and against Defendant JOHN HANCOCK, address 5305 Lisa Ave Lakeland, FL 33813, which adjudication shall constitute an adjudication on the merits of Plaintiff s action, and implicate the doctrine of res judicata for all purposes. 3. Plaintiff MOBOOKA LLC, shall recover from JOHN HANCOCK, the amount of Three Hundred Forty-Three Thousand Seven Hundred Two Dollars ($343,702.00), which sum shall bear interest at the rate of 6.89Yo per annum from the date of this Final Judgment, and adjusted annually pursuant to Fla. stat. Sec. 55.03(3), until the Final Judgment is fully satisfled, for all of which let execution issue forthwith. 4. The Court reserves jurisdiction for MOBOOKA LLC for any related proceedings in obtaining and enforcing this Final Judgment. 5. Defendant JOHN HANCOCK shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet) including all required attachments, and shall serve their completed Fact Information Sheets and all attachments on Plaintiffls attorney within forty-five (45) days from the date of this Judgment, unless the Judgment is satisfied or post-judgment discovery is stayed. 6. Plaintiff is granted entitlement to its reasonable attorney's fees and taxable costs and the Court retains jurisdiction to determine the reasonableness thereof. DONE and ORDERED in Chambers in Orange County, Florida this 44' Iday ofOctober, 2019. T}IEHONORABLE KEV cc: all parties and counsel Exhibit “B”