IN THE SUPREME COURT

STATE OF GEORGIA

DISCIPLINARY PROCEEDINGS

IN THE MATTER OF:

SCOTT M. HERRMANN State Bar Number 349345,

Respondent.

) SUPREME COURT DOCKET NO. ) ) ) STATE DISCIPLINARY BOARD ) DOCKET NO. 6136 )

NOTICE OF DISCIPLINE

The Office of the General Counsel, State Bar of Georgia has been

directed by the Investigative Panel of the State Disciplinary Board to issue a

Notice of Discipline for disbarment against Respondent Scott M. Herrmann, in

the above-referenced case. This Notice is issued pursuant to Bar Rule

4-208.1 ofthe Rules and Regulations for the Organization and Government of

the State Bar of Georgia. The Investigative Panel shows the Court the

following in support of this Notice:

1.

After full investigation, the Investigative Panel of the State Disciplinary

Board has found probable cause to believe that Respondent has violated

Georgia Rules of Professional Conduct 1.15(1), 1.15(II), 8.4 and 9.3.

2.

The facts supporting the Panel's decision are as follows:

a. In or about October 2006, Mr. Clint Rosenberg retained

Respondent to represent him in business related litigation.

b. In or about 2010, Mr. Rosenberg authorized Respondent to settle

the litigation.

c. Respondent received settlement funds on Mr. Rosenberg's behalf

in the amount of$375,000. Mr. Rosenberg instructed Respondent

to pay himself $45,000 for legal fees, to distribute $30,000 to a

third party, and to distribute the remaining balance of$300,000 to

Mr. Rosenberg's bank as payment on a loan.

d. Respondent did not deliver the $300,000 payment to Mr.

Rosenberg's bank for 2 months.

e. Respondent has failed to distribute the third party payment of

$30,000, and has failed to account for those funds.

f. Respondent withdrew fiduciary funds from his trust account for his

own use and has converted those funds.

g. Respondent was served by publication with the Notice of

Investigation in this matter on June 17,2011.

h. Respondent failed to respond to the Notice ofInvestigation in

accordance with the Bar Rules.

-2-

3.

The Investigative Panel has determined that the appropriate disciplinary

sanction to be imposed upon Respondent is disbarment.

4.

Bar Rule 4-208.2(a)(4) requires that the Panel state the reasons that it

recommends that Respondent be disbarred. In aggravation ofthe level of

discipline to be imposed in this case, the Investigative Panel considered the

following factors:

(a) Respondent has experience in the practice oflaw, and has

been a member of the State Bar of Georgia since 1993.

(b) Respondent failed to respond to the Notice ofInvestigation

in this case.

(c) Respondent's dishonest conduct has caused the complainant

significant financial harm.

5.

Bar Rule 4-208.3 as amended is attached hereto as Exhibit "A" and

incorporated by this reference.

6.

As required by Bar Rule 4-208.2(a)(6), the Memorandum of Grievance

filed by Clint Rosenberg is attached hereto as Exhibit "B" and incorporated by

this reference.

7.

Asrequired by Bar Rule 4-208.2(a)(7), Respondent's disciplinary history

is as follows:

- 3 -

(a) Respondent currently has no history of discipline, though a motion

for Respondent's interim suspension pursuant to Bar Rule 4-204.3

was filed with the Court on October 31,2011.

WHEREFORE, the State Bar of Georgia prays that this Court enter an

order disbarring Respondent.

This ~ay of November, 2011

STATE BAR OF GEORGIA Office of the General Counsel 104 Marietta Street, NW Suite 100 Atlanta, Georgia 30303 (404) 527-8720

J@' Y . Mittelman D p- General Counsel State Bar Number 513 828

-4-

Rl.lle4-208.3. Rejection of Notice of Discipline. (a) In order to reject The Notice of Discipline the respondent or

the Office of General Counsel must file a Notice of Rejection of the Notice of Discipline with the Clerk of the Supreme Court of Georgia within thirty (30) days following service of the Notice of Discipline. In the event service was accomplished by certified mail, the respondent shall have thirty-three (33) days from the date the Notice of Discipline was mailed to file the Notice of Rejection.

(b) Any Notice of Rejection by the respondent shall be served upon the Office of the General Counsel of the State Bar of Georgia. Any Notice of Rejection by the Office of the General Counsel of the State Bar of Georgia shall be served upon the respondent. No rejection by the Respondent shall be considered valid unless the Respondent files a written response to the pending grievance at or before the filing of the rejection. A copy of such written response must also be filed with the Clerk of the Supreme Court at the time of filing the Notice of Rejection.

(c) The timely filing of a Notice of Rejection shall constitute an election for the Supreme Court to appoint a Special Master and the matter shall thereafter proceed pursuant to Rules 4-209 through 4-225.

STATE BAR OF GEORGIA

EXHIBIT#-LA'-'--___ I

CASE> ('(3 £e

STATE BAR OF GEORGIA GRIEVANCE ';~ f~~ - -=-:-!E--:;-~ -;;-;;~r.:!E;-;:~~ CONFIDENTIAL "

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Please type or print legibly.

All C STATE BAR OF GEORGIA YOUR NAME: (Mr.lMrs./Ms.)_-.!.I"-; v"7b f-.,,<~-JL:"/'II;llJ.r~Al.~£~V~S~£/~M~;q~EJ2.~~Ga.~~~~-======,-_

M A ILl N GAD D R ES S: __ J:....:0=-D-;;-:-D-:-c6~A o-;slo--'.'II----'-'IIAc-.:'c:::/...-=£'---'-';2.c:::D:...... -::::cL~~'AiJ-'-={S""ON"--'-M'-"tl-'i't}':<h'-"Is"_. ----'--Mr-'=·~--.:..L/-"'g_O_-=f_/-_ Street or P. O. Box City !;tate' Zip

YOUR PHONE NUMBERS: (W) 2'1'8 -5"'82..- 0300 (H) 2<18-2'(0 -1'/88

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DATE OF FIRST CONTACT WITH ATTORNEY: aCT. 2DOIO DATE OF LAST CONTACT WITH ATTORNEY: 5oJT: 2. 0(0

DOES THIS ATTORNEY CURRENTLY REPRESENT YOU? ~---LAI,,-,(J,,-~~~

STATE WHAT THE ATTORNEY HAS DONE OR HAS.:NOTDONE THA-T-CAUSES YOU TO SUBMIT THIS RE'PORT.

Ifmore space is needed, please attach other pages. Please do not write on the back.

Return to: State Bar of Georgia Office of the General Counsel 1 04 Marietta Street, NW Suite 100 Atlanta, Georgia 30303

"1 affirm that the information I have pr vided here is true to the best of my knowledge."

SIGNATURE:.~t-~~~~~~~~ __ ~~~~~~_

DATE: _--,--1_-'..'12:=· '-.---'1..:.1 ________ _

OPTIONAL: PLEASE PROVIDE THE NAME AND PHONE NUMBER OF SOMEONE WE CAN CONTACT IF WE HAVE DIFFICULTY CONTACTING YOU;

NAMEOFCONTACTPERSON: __ ~~~t~.,-.~O~A~V--,/~b~~h~~,-N~~~fi1~A~ ____________________________ ~

PHONE NUMBERS OF CONTACT PERSON: (W) 2'18- LfS'i-- 9200 (H) 0IC:r --~S"~AT~E!":'B~A~R-­OF GEORGIA

IF YOU HAVE A DISABILITY AND NEED ASSISTANCE IN THE GRIEVANCE PROC PLEASE CONTACT THE ADA COORDINATOR AT (404) 527-8720 OR (800) 334-68 EXHIBIT#.'-,-8!..L::-___ 1

CASE" (Rr?V

To whom it may concern:

<' _J~am filing this grievance against Mr. Scott Herrmann because he has wrongfully converted approximately $30,000 of my money. (See attached complaint filed in Oaldand County Circuit Court, Pontiac, Michigan).

I am the owner of Tyler Sales, Inc. (dba Northern Metals, Inc.) a Michigan corporation. I filed a lawsuit in Georgia against Scovill Fasteners, Inc. in July of2005. In approximately October of2006, I was first introduced to Mr. Scott Herrmann and retained his professional services.

In May of 2007, Mr. Herrmann left the mm he was at al1d started his own firm. I was forced to retain his services as I couldn't afford to start over with new counsel after paying almost $20,000.00. I signed the paperwork and gave him a retainer of $4,000.00. Years went by and trial dates got pushed back and re-scheduled. The lack of communicatiofrwas constant and many errors were made by Mr. Herrmrum, including, but not limited to, not.f1ling all-answer to Summary Judgment and a clerical error during trial missing an entire year of interest I could have recovered (approx. $50,000.00). I also reminded him several times to ask for legal fees during trial, but he failed to do so until closing argument, at which point the judge said it was too late-to seek legal fees.

Despite Mr. Herrmrum's deficiencies, I won the trial. I continuously told my creditors not to foreclose on my business and was assured the money was coming by Mr. Hermann. However, appeals ensued, and I eventually negotiated a settlement (due in large part to Scovill's new CEO and myself talking on

----the telephone) with Scovill. Prior to thiscSettlement agreement, I made sure I knew my legal costs that ,,~~"

would come out of the proceeds. I agreed to a settlement of $375,000.00. Of this settlement, I instructed Mr. Herrmann to pay his $45,000 in legal fees and to distribute $30,000.00 owed to a supplier whose debt was directly related to the suit. He would then distribute the remaining balance of $300,000.00 to my bank in which I had a secured line of credit that needed to be paid down. Despite previously stating that his fees were $45,000, Mr. Herrmann then unilaterally decided that he was owed $55,000.

After almost 2 months of calling everyday and hiring an additional Michigal1law firm to call and send letters, I received a wire transfer to my bill1lc for $300,000.00. However, Mr. Herrmrum retained the other $30,000 he was supposed to distribute. I then called every day, at least 2 times per day, to both of his phone numbers and sent numerous e-mails regarding this sum. Again, I retained legal services to send letters and leave phone messages for Mr. Scott Herrmann. NOTHING. He completely disappeared with my money.

During this time, I was in Atlanta, GA for personal business al1d went to his listed address that I had on file and was greeted by a doorman. They called upstairs to his residence and I was told he wasn't there (though it appeared that the doorman and he spoke on the phone). I quickly asked to spealc to Mr. Herrmrum. He took my phone call but quicldy said he was in Ohio visiting family and that he would contact me when he got back to town in the next couple days. I extended my trip to wait and spealc to

--h1m as promised and NOTHING, again. I therefore retumed home and contracted the legal services once again of David Hansma at Mantese Honigmill1 Rossmill1 and Williamson, P.C.

We filed a lawsuit in Oaldill1d County Circuit Court in Michigill1, case number 1O-1l3136-CZ, on September 3, 2010. After several service attempts, Mr. Herrmann disappeared once again ill1d we were forced to file other costly motions to [mally obtain a default judgment for the amOlmt owed. (See attached default judgment).

I am here. Still worldng hard in a Metro Detroit economy that is trying to make a comeback. I have lost many business opportunities, had to pay additional legal fees to avoid a supplier lawsuit that was owed and promised money from the Scovill settlement. In total, Mr. Herrmann was paid over $60,000.00 and has retained an additional $75,000.00. I am asldng for any help that I can get in collecting my money (Judgment) and restoring my faith in the legal system. I have many friends and colleagues who are lawyers. They are troubled by the actions of Mr. Herrmann and amazed at the length of the suit, the appeal process, the complete lack of communication, the complete lack of care on .Mr. Herrmann's part, and the wrongful retention of my money. I sincerely hope that your professional

·----organization imposes appropriate sanctions. I would strongly welcome the opportunity to present my -.~-~

issues in person. You may also.cQutactMr. Hansma at Mantese Honigman Rossman and Williamson, P.C. at (248) 457-9200.

Sincerely,

(!b/~ Clint Rosenberg, ~r Northern Metals, Inc.

, 11/27/2005 1~:12 2395418732 LMI, CO. PAGE 01(04

706 7S{ .6 En OLSON Il1J 006 r; .

. . IN TH.E STATE COURT OF GWlNNETT COlJ,N1Y

STATE OJ!' GEORqIA

NOil:rlIERN METALS, lNC. ) I'laillti.ff,

vs

) CIVlL ACTlON .FlU!: NO. )

)-----~--)

SCOVlLL FASTENERS, INC. ) ) Defendallt.

COMPLAtN'X' FORlUtEArn OF CONTRACT ANn'FuR ATTOlll'IEY'S FEES UNDJ!lR D.C.G.A, 13-6-n' .

COMES NOW, 1he Plaintlfffu the w<J'ie_captioned :wHo" and sh_st.b.i,s cOUl'llhe

. following facts:

1.

Di:f<m.dllUt, Scovill Fail'leneW, Inc. ("Scovill'')'ittay be .erved by sen/ing its registered

agent which is The P;entice Hall Corp. at 40 Technology Parkway Sm,th, #300, No1'(;toss,

GWJ:NNETT COUNl"l, Georgia arid is therefore subject to the jnrisdiction and venue oftbl$

court.

.2.

The Plaintiff, (''Northern'') is a Mlcbigan <mmpany who imporl$, e"potts and dlittributes

metal prQducts.

3.

The Defuud.,mt requested bids on variotIs m~ta1 items wIth ceJ:I"';u specificatio(lS,

otherwise known as lots.

4.

The Plaintifi'bid on 62 items (i~ts 1 and 2) based <ill the annual u.~' ge stated in lbe bid

PAGE 8f13~ Rcm A.T ~12012005 ~.o:i"lH PM lEa.gt.em DaytJQt)t TlmGl~ SVR:rurucHTFAX/f1" tmr$;4g050 ~ (;SID!7081~ 3158 E qU~AT10N (mm-:!ls):U·28

" .:,,'

, 11/27/2006 12:12 2395418732 LMI, CD. PAGE 02/04

'07:20/2D05 15:08 FA~ 70S 754 ,'8 ED OLSON ~OD7 '-"

req\li:st. (See Exhibit "A;' atw.ched hereto)

5 .

. rhe l)efend!ll;\!"is$uedp1Jmliase 'orders for' the 62 items OIJ. which they accepted 1:\10

Plaintiffs bidJ,rice for fabrication of the metal.

6.

The Pl~intiffwas requ1:r='=bythe purchase uxd"" to keep the vanon'! (terns in iuV"ll(ory so

that they could be delivered wh!)n they were requested to be deIiver~d by ilia Defendant. The

purchase orders contain tlJn1lnn lIT Delivetywhlch l'equl.res immediate delivery after the order

i8 placed. (See ~=ple attached hereto as Exltibit''B'')

7.

The Plai1lti.ffkept the reqmred amo\lllt 'of goo& "vaiJ:;,Ille fnr'delivery on 62 ofllie

8.

A. sepru:ute purchase ordf\\" was tequested to be .shipped to China but th~ time franie to

fabricate and sl'l.ip /hose ite=. was appro"imately 15 wee!m and ·!haitim6 futmo was

eom.m.un.i.cated to the Defendant at tjle time the order mw p~ed eVetl though ihe purcha~e ",del'

oruy hAd" fi"" ~eek shipment fulJ.e futmc.

9.

Th" :Plaintiff sh\ppod the goods 10 China as orderod which were invoiced' On 8/i Sf\}4 in

the amQunt. of$5,012.~9 !Il;\d 9/9/04 in the amourit of .~79,87M2.

10.

The Defend!ll;lls have failed !Il;\d rewed to pay for the Chinese .hlp*"mt in the principal

11/27/2005 12:12 2395418732 LMI,CO. PAGE 03/04 ,

07!"O/"'"' 1.:59 Fal 106 75~ ;8 ',; .

lID OLSON I1liO"S

, amQ\U\t of$84,882.31 ;yiiliin the sl1;;\y (60) dayteuns whioh wer" lnotLldedill 1he purchase

orders. (See example attached he~!o ,;. E1<.Wbil "A")

11.

The i.qJ:<\rest state<foon each invoice is 18% .1'''' rumUIU after sbety (60) days from invoice

date.

12.

The Phintiff shi:pped g00d~ Within the U:S. between januory 200S lilld March 2005 and

hav~ Il.ot been paid the principal Sum of$196,292.98.

Ule Plaintiff COlltlll.>e8U) have an m..vento,y of goods purchased for the Defendant which

is vlllued at the fubricatiOllyriceQid plus the dQst of m.ctal at tue time th»t the goods $hollld have '. .

been shil'l.'ed. the app~ate value of the inventorY;s $241,036.61 ba.lC(t on the cost of m<';tal

. duringlhe periq!i When th;:, goods would have been sbipped bi,t for tbe Defendant's· b,eaehes of

contract.

14.

The Defendant has not·ordered any of tbdnventory on hand which has caused the

Plalntiff to Ulcur st.orage charges on a contimling b.~k

15.

':the Defendants cOntinue to breach the ponirac\ll causing the Plaintiff various aud

16.

The Defundant has acted in oad faith and has cauoed Ullll.ece$sary w"uble and expiOnSe.

11/27/20~5 1~:12 2395418732 U~I,CO. PAGE 04/04

'.

B ED OLSON" I@oos

: ::.,

17 .

.M a result of the Defendant's conduct as dellCribed mparagxaph 16, they are liable to the

flaintifffote-xpensea of Htlgation and ,ltomey's tee, a~ de.~crib"din O.C.G.A. 13-6-11.

WlIllREFOlUl, the Plainti4EJlm]18 for judgment agai"s, the Defend""t .. f<ll1o"ws: "

" a) the principal aiun uf$196,292,98 to, the recci.vab16 bak'UlCe;

b) the Principal. olID1-o£$S4,a82.31 for the China pq~ch""" ordor, IDld "

a) the principal sum of appre*im.ately $241,036.01; ·and

d) C(lst of stOrage of materials·held for "the Defend",,\; and

e) interest on each sum; and

f) attomey's f"08 incwTed"and OlSCperu;es oflitigal;on; mld

!D all <JUwr amountS deemed just and due.

JBenberg & HewItt P.C. 7000 Peachtree Dunwoody Row! :Bldg. 15, Suite 100 Atlanta, Georgia 303;18 770,.351·4400, 770-828-0100 (faCsimile) " ):rlsetJberg@isenberg-Mwitt.com

FILED It! OFFICE CLEllL 'j'\7F rOU'lf

IN THE SUPERIOR COURT OF GWINNETT CQ1J:lI!1i-Y T T'f.~Oliihy: GA STATE OF GEORGIA

2008 MAY 28 PM 3: 48 NORTHERN METALS, INC.,

Plaintiff, ) . I •

) CIVJL ACTION FlLE ~81.1 LAWLER. CLERK v.

SCOVlIL FASTENERS, m€., Defendant.

) FILE NO. 05-C-8839-4 ) ) )

·. ~FlNAL JUDGMENT

The Plaintiff filed a Complaint for Breach of Contract and For Attorney's Fees Under

O.C.G.A. §13-6-11 on July 19, 2005. The Defendant filed an Answer andCmmterclaimfor

Breach of Contract and Statutory Interestwld Expenses of Litigation on September 1, 2005.

The above styled matter came before the GOfu-t for bench trial May 12 through 14, 2008. Upon a

consideration of the Pleadings, Evidence presented and Argument of Counsel,. the Court makes

the· following findings offacrand conclusions 0flaw:

The Court finds that the Parties did in fact enter into a two year contra:ct for the supplying

by the Plaintiff of certain tYPes of metal products to the Defendailt at its plant in Georgia in

February of 2004. The first delivery of product \yas scheduled for June of2004. The contract

terms were not contained in anyone document The contract terms are contained in .the

. nefenclant'srequest for bids, the subsequent verbal negotiations between the_parties~theinitiaI

.. PO's. sent by the Defendant to the Plaintiff, and the running annual usage dot;umiintaridthe stuck

requirements docutnei1t provided via emaiI frum the Defendant to the PlaintifK . The-Parnes bbfu performedunder·the terms of this con met (The American contract).

The Parties entered into a second contract for the one-time sale of metal produeifroIl1 the

Plaintiff to the Defendant at the Defendant's new plant in China in May of 2004. Tl'ie delivery of

the product was schidWed fur June of20€J4. (The China contract).

As to the American contract, the Court finds that the Plaintiff did provide metal products

to the Defendant which the Defendant paid for late or did not pay for at alL From the beginning

date of the contract, the Plaintiff delivered products late. However, the Defendant accepted the

product and in tum paid for it late - well beyond the contracted for 60 day payment period. Both

Parties breached the terms of the contract from the beginning and both cbntiiluedto perlortn

under the contract. To date several invoices for product delivered to the Defendant have not been

paid for at all. The behavior of both Parties became circular in that late deliveries and late

payments led to more late and withheld deliveries and more late and withheJd payments. Neither

Party has clean hands and both have breached the contract. By December of2004, the contract

had been terminated by bothyarties. The Plaintiff notified the Defendant that the Plaintiff

refused to deliver anymore product until payments were made. Defendant responded by

instrncting the Plaintiff not to order any more product for the Defendant. Although some product

and payments were exchanged-~fter the first of2005, these transactions were follow through on

transactions begun in-ZQ04. ~e 2005 transaetions were in essence clean up. The balance on

invoiceS for product delivered, accepted and not paid for by the Defendant on the American

contract is $196,292.99 •

.As to the China contract, the Court find. that the Plaintiff did not deliver the product

contracted. for until August and Beptember of 2004, some 2 to 3 months after the contracted for

delivery date. However, the Defendant did accept the product when delivered. The Defendant

never attempted to reject delivery or return any of the product delivered. The Defendant did not

buy the product from another supplier or present any evidence of any loss suffered as a result of

the late delivery. The Defendant has not made any payment for the product delivered. The Court

finds that the principal amoUnt owed for the product delivered to China is $84,882.31.

The total principal amount owed on the American contract and the China contract is

$281,175.29.

Under the American contract the Defendant was to pay invoices within 60 days. The

Plaintiff has sought interest in the amount of 18% on unpaid invoices. Under §7-4-16 Plaintiff is .

entitled to 1.5% per month (18% per year) interest in that the Parties are engaged in a commercial

contract. However, the Plamtiffbegan calculating interest after 30 days, instead of the 60 days

provided for in the Parties' contract. The Court finds that the Plaintiff is entitled to interest on

the unpaid invoices. Interest would not accrue until after the 60 day payment period. The

Plaintiff has not provided any evidence as to what the interest calculations would be on each

invoice after 60 days. The Court therefore fmds that the Plaintiff is entitled to 18% interest on the

total unpaid balance of the invoices on the American contract beginning 61 days after the last

invoice was sent on March 21,2005. The Court finds this date to be May 21,2005. At trial the

Plaintiff sought interest only through May 12, 2007. Clint Rosenberg for the Plaintiff testified

that the Plaintiff sought interest through May 12, 2007 in the amount of $77, 436.35 on the

American contract and in the amount of $40, 162.03 on the China contract. Plaintiff did not

request interest on the unpaid amounts past this date. The Court finds the appropriate amount of

interest on the American contract through the date sought by the Plaintiff to be $70,665.47 and

on the China contract to 00$38,655.40. The total amount of interest on the two contracts as

sought by the Plaintiff is $-109,320.86.

The Court does n()Mind that the Plaintiff is entitled to recover any additional damages

against the Defendant induding damages-for the product held in a warehouse and eventually sold

to the Defendant.

The -Court therefol'eJ'inds by a preponderance of the evidence in favor of and hereby

enters a JUdgment in favor-oflhe Plaintiff and against the Defendant in the principal sum of

$281,175.29 and prejudgment interest in the amount of $109,320.86 for a total Judgmentin the

amount of $390,496.15. Said amount shall accrue post judgment interest from the date of

Judgment forward at the legal rate of 8% .

. The Defendant filed a Counterclaim against the Plaintiff seeking damages for additional

amounts it alleges it was forced to pay to other venders to obtain the metal products that the

Plaintiff should have provided under the American contract. The Court finds that the Defendant

did in fact obtain metal product from other venders at a higher cost than what it had contracted to

pay the Plaintiff for the same product. The Court further finds that the Plaintiff s failure to

delivery the metal product in a timely manner under the contract was the cause of the Defendant

incurring these costs- cover damages. However, the Court does not find that the Defendant is

entitled to recover the difference in price on all of the purchases presented from other venders.

The Court finds that the Defendant is not entitled to recover where the amount of metal product

purchased from other venders exceeded the amounts required to be kept on hand in the annual

usage and stock requirement document provided by the Defendant to the Plaintiff. The Court

finds that the Defendant was made aware of the fact that the Defendant would need three months

lead time to stock product that exceeded the stock amounts required by the Plaintiff during the.

negotiations to enter the American contract in January/February 2004. Having been made aware

of the three month lead time, the Defendant still entered into a contract 'With the Plaintiff. The

Court finds that the amount of cover damages the Defendant is entitled to recover from the

Plaintiff to be $ 13,516.00

The Defendant further contends that the Plaintiff in fact overcharged on certain invoices

in that the calculation used to price the metal product was done incorrectly. The Court finds that

the Plaintiff did in fact miscalculate the contracted for price on certain invoices and that the

Defendant is entitled to recover for said overcharges. The Court.finds that the amount that the

Defendant is entitled to r.ecover from the Plaintiff for overcharges is $ 8194.45.

The Court does not fmd that the Defendant is entitled to recover any additional damages.

The Comt finds that the contract between the Parties was breached by and ended by both of the

Parties in December of 20ll4: The Gourt does not finds that the Defendant is entitled to recover

any cover damages fo!" the year 2005 after the contract had been terminated. The Court does not

find that the Defendant is entitled to recover any damages for overhead costs. The Defendant

was capable of and did jn~j:act acquire metal product from other venders to keep the factory in

operation. The Defendant has failed to show that any slow down or shut down in production was

the fault of the Plaintiff as opposed to its own failure or inability to pay venders for the product it

needed.

The Court therefure finds by a preponderance of evidence in favor of the Defendant and

efIters Judgment in favor of the Defendant and against the Plaintiff in the amount $21710.45 .

. Said judgments shall accrue post-judgment interest at the legal rate of 8%.

It is so Ordered, this 27 day of May, 2008.

cc: Attorney Scott M. Hermann Attorney John G. Diespriet

V. E. Head, Judge State Court By Designation

. : , ;-; IN j)t '" !: ~-

IN THE STATE COURT OF GWINNETT COUN;~~ti;:)T~t:[);:f~Zr;]4 STATE OF GEORGIA

2010 JUN 29 PH 12: 36

NORTHERN METAL8,lNC., TOM lJ\\'VU::n, CLEhK

P1aintiff,

v. CIVIL ACTION FILE NO. 05C-08839-4

SCOVILL FASTENERS, INC.,

Befel1dant.

MUTUAL DISMISSAL WITH PREJUDICE OF ALL CLAIMS

COME NOW Plaintiff Northern Meta)s, Inc. and Defendant Scovi11 Fasteners, Inc. and

hereby dismiss with prejudice any and aU claims and counterclaims, adjudicated and

unadjudicated, in this action with prejudice, with each party to bear its own attorneys' fees and

costs. m This~ day of June, 2010.

THE HERRMANN LAW FIRM, PC

~-M-------------~ Georgia Bar Number 349345 Post Office Box 550047

SMITH, GAMBRELL & RUSSELL, LLP

Raclel King PoweU '" Georgia Bar Number 421311 1230 Peachtree Street, N .E. Suite 3100, Promenade II Atlanta, Georgia 30309 (404) 815-3662

<"".- -->-'--Atlanta, Georgia 30355 (404) 627-5291

Attorneys for Plaintiff Attorneys for Defendant

I"} \~··:'i~.:ii\-ttA"~-~b\1~11 IN THE STATE COUR1: OF GWINNETT COUN¥yiY<, ViH'lY, GA

NORTHERN METKLS, INC.,

Plaintiff,

v.

SCOVILL FASTENER'S, INC.,

Defendant.

STATE OF GEORGIA 20\ 0 JUN 29 P~\ 12: 34

CIVIL ACTION FILE NO. 05C-08839-4

SATISFA.CTION OF JUDGMENT

COMES NOW Northern Metals, Inc., Plaintiff in the above-styled -action, and in

accordance withO.CO.A. § 9-13-80, hereby shows that the Judgment entered against Defendant

Scovill Fasteners, Inc. has been released, satisfied, settled, and compromised, by agreement of

the parties.

Scovill Fasteners, Inc., Defendant in the above-styled action, in accordance with

O.C.G.A. § 9-13-80, hereby shows that the Judgment entered against Plaintiff Northern Metals,

Inc. has been re!0rd, satisfied, settled, and compromised, by agreement of the parties.

Thi~ day ofJune, 2010. .

THE HE RMANN LAW FIRM, PC

Scott n Georgia Bar N ber 349345 Post Office Box 550047 Atlanta, Georgia 30355 (404) 627-5291

Attorneys for Plaintiff

SMITH, GAMBRELL & RUSSELL, LLP

Rachel King Powell Georgia Bar Number 421311 1230 Peachtree Street, N.E. Suite 3100, Promenade II Atlanta, Georgia 30309

.. (404) 815-3662

Attorneys for Defendant.

NORTHERN METALS, INC.,

~laintiff,

v. CIVIL ACTION FILE NO. 05C-08839-4

SCOVILL FASTENE&&, INC.,

Defendant.

JOINT MOTION FOR 0Pd)ER RELEASING SUPERSEDEAS BOND

COME NOW -Plaintiff Northern Metals, Inc. ("NOIihern") and Defendant Scovill

Fasteners, Inc. ("Sco:v:iTl") and move this COU!1 for entry of an Order discharging, releasing and

exonerating Travelers Casualty and Surety Company of America ("Travelers"), as surety, and the

Supersedeas Bond bearing Number 105128082 ("Supersedeas Bond"). The Supersedeas Bond

was posted in the amount of $412,990.17 by Travelers, as surety, at the request of Scovill, in

favor of Northem, as judgment creditor, in cqnnection with the above-styled case. As grounds

for the release, the parties show:

• An appeal of this case was taken on June 17,2008.

• The Supersedeas Bond was posted on August 26, 2008.

• The Georgia Court of Appeals entered an order affim1ing in part and reversing in

part the judgment on March 29,2010.

• The parties have agreed to settle this action in its entirety on an agreed amount.

• By virtue of the settlement, the judgment and counter-judgment have been

satisfied in full. Accordingly, the Supersedeas Bond obligations have been satisfied and -...,---:~,,-

discharged, the Supersedeas Bond is no longer required, and the Supersedeas Bond and

Travelers should be released.

• Northern, as judgment creditor, agrees and represents that it does not have an

objection and hereby consents and agrees to the entry of an Order by this COUli

discharginKthe Supersedeas Bond and releasing Travelers and its parents, affiliates and

subsidiaries from any and all liability.

WHEREFORE for the foregoing reasons, the parties through their undersigned counsel

respectfullTTequest- that the Court enter an Order fully and unconditionally discharging,

releasing and exonerating the Supersedeas Bond and releasing Travelers from any and all past,

present and future Iilloility arising under or in connection with the issuance of the Supersedeas

Bond.

Thisdf/l~of June, 2010.

THE HE RMANN LAW FIRM, PC

Scott ann Georgia Bar Number 349345 Post Office Box 550047 Atlanta, Georgia 30355 (404) 627-5291

Attorneys for Plaintiff

·2

SMITH, GAMBRELL & RUSSELL, LLP

Rachel King Powell Georgia Bar Number 421311 1230 Peachtree Street, N.E. Suite 3100, Promenade II Atlanta, Georgia 30309 (404) 815-3662

Attorneys for Defendant

."- -.-. - -->-~ ,

NORTHERN METALS, INC.,

Plaintiff,

v.

SCOVILL FASTENERS, INC.,

Defendant.

TOM VlvvLtrl, CLEhl',

CIVIL ACTION FILE NO. 05C-08839-4

." ... -.,.-_ ..... --_. ---------------

CON:3ENT ORDERTO RELEASE SUPERSEDEAS BOND

This matter having come before the Court on the Joint Motion for DrEier Releasing

Supersedeas Bond, and the Court being fully advised in the matter, and the parties having

reached an agreement on these issues, IT IS HEREBY ORDERED, ADJUDGED and

DECREED as follows:

ORDERED AND ADJUDGED that the judgment has been fully satisfied, as evidenced

by the Satisfaction of Judgment to be filed with the Clerk of Court, a copy of which is attached

hereto, and therefore the Supersedeas Bond is no longer required and is hereby fully and

unconditionally discharged, released and exonerated and Travelers Casualty and Surety,

"""Company of America is hereby released from any and all past, present and future liability arising

under or in connection with the issuance of the Supersedeas Bond. This Order is final and non-

appealable by the parties.

SO ORDERED this 29 day of June, 2010.

~.=7_<-~ ~~ .. The Honorable Joseph C. Iannazz~ Judge, Gwinnett County State Court

MANTESE HONIGMAN ROSSMAN & WILLIAMSON, PC.

GERARD V. MANTESE

DAVID !VI. HONIGMAN

MARK C, ROSSMAN

IAN M. WILLIAMSON

DAVID F, HANSMA

BRENDAN H. FREY

BRIAN M. SAXE

Scott M," Hermann, Esq. The Hermal1n Law Firm PO Box 5509-4-7 Atlanta, GA~TI355 Smh@herrmannlaw.com

ATrORNEYS AND COUNSELORS

August 12, 2010

I 36 I E. BIG BEAVER ROAD

TROY, MI 48083

PHot-IE 248-457-9200

FAX 248~457-920 I WVIfW. MANTEsELAW .COM

Re: Northern Metals v. Scovill Fasteners

Dear Mr. HefP"u:ann:

Our firm represents Clint Rosenberg. We understand that he asked you for the balance on his account prior to settling the above matter, and you advised him that he owed yourfirm=$45,000. We now understand you are attempting to bill Mr. Rosenberg for $55,000-an&YJu are holding money in excess of $70,000 in your account.

Please be advised that if you do not remit the balance of funds held by you, minus the $45,000 you agreed Mr. Rosenberg owes, within 5 days, we will have no choice but to file an action for conversion against you, seeking triple damages. We trust this will not be necessary.

GVM/bsr

Sincerely,

MANTESE HONIGMAN ROSSMAN

ACZILUjMSON, P.C.

;ff;;;, /rJ {/iAL.

"Gerard V. Mantese

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

CLINT ROSENBERG, and NORTHERN METALS, INC.,

Plaintiffs,

v.

scon M. HERRMANN, and TI::IEHERRMANN LAW-FIRM,

Defendants.

g~;;:'D 10-113136-CZ

111111111 I I 111111111111111111 JUDGE RUDY J. NICHOLS ROSENBERG,CLI v HERRMANN.sec

__________________________________ ~I

MANTESE HeN1GMAN RQ:S'SMAN AND WILLIAMSON, P.C. Gerard Mantese (P34424) David HansmaW71 056) Attorneys for PI'aintiffs 1361 E. Big Beaver Road Troy, MI 48083 (248) 457-9200

--------------------------------_1

PLAINTIFF'S COMPLAINT

t:i5 .,......,. <#? U? r.:g

I W

.." :::;;:

Plaintiffs, Clint Rosenberg and Northern Metals, Inc. ("Plaintiffs"), by their attorneys,

Mantese Honigman Rossman and Williamson, P.C., and for their Complaint, state as

follows:

JURISDICTIONAL ALLEGATIONS

1. Plaintiff Northern Metals is a Michigan corporation doing business in this

County and with its address at 1600 E. 11 Mile Road, Madison Heights, MI 48071.

2. Plaintiff Clint Rosenberg is a Michigan resident residing in Oakland County,

and is the sole shareholder of Plaintiff Northern Metals.

3. Defendant The Herrmann Law Firm is a Georgia professional corporation

with its address in Atlanta, Georgia.

4. Defendant Scott Herrmann is the owner and CEO of the Herrmann Law Firm.

5. Defendants' liability arises out of their conversion of Plaintiffs' property.

6. The amount in controversy exceeds $35,000 plus attorney fees and costs.

This Court has-jurisdiction over the Defendants, and venue is proper in this Court.

GENERAL ALLEGATIONS

7. J1efendants me an attorney and law firm located in Atlanta, Georgia.

8. Plaintiffs hired Defendants to represent them in litigation that was pending

in Georgia.

9. Prior to settling that matter, Plaintiffs asked Defendants forthe balance owing

to Defendants. Defendants informed Plaintiffs that the balance was $45,000.

10. Thereafter, without warning, Defendants unilaterally decided that Plaintiffs'

balance was $55,000.

11. Defendants have refused to acceptthe $45,000 they originally agreed to, and

are holding $75,000 of Plaintiffs' money in their account.

12. Plaintiff has made demands for this money, minus the $45,000 balance

originally agreed to. These demands have been ignored. Defendants know that this

money does not belong to them and are wrongfully retaining it.

COUNT I STATUTORY AND COMMON LAW CONVERSION

13. Plaintiffs reallege all preceding allegations.

14. Defendants have knowingly, intentionally and wrongfully took, detained or

otherwise converted Plaintiffs' money.

2

15. Defendants have no rights to the excess money being retained. Their actions

constitute unlawful and wrongful dominion and control over Plaintiffs' funds inconsistent

with Defendants' rights therein, and are a conversion.

16. At all times, Defendants' actions were wanton, willful, and malicious, and

Plaintiffs are entitled to exemplary damages.

17. As the proximate result of the Defendants' conversion, Plaintiffs have

su£fered=actual damages in the amount of $30,000.

18. Defendants are liable to Plaintiffs for common law and statutory conversion.

19. Underthe conversion statute, Plaintiffs are entitled to treble damages of

$.90,000, plus.costs and reasonable attorney fees. Mel §600.2919a.

WR-EREFORE, Plaintiff requests entry of a Judgment against Defendant in the

amount of $90,000 plus attorney fees and costs, as well as pre-filing and post-filing

interest.

Dated: September 3, 2010

Respectfully Subrnitted,

MANTESE HONIGMAN ROSSMAN AND WilLIAMSON, p.e. Attorneys for Plaintiffs

BY:.--,=~",,----' __ n-______ _ Gerard Mantese (P34424) David Hansrna (P71 056) 1361 E. Big Beaver Road Troy, MI 48083 (248) 457-9200

3

Approved, SCAO Onginal - Court

, . 151 copy - Defendant- 10-113136-CZ

II I , STATE OF MICHIGAN

JUDICIAL DISTRICT

6th JUDICIAL CIRCUIT

COUNTY PROBATE

SUMMONS AND COMPLAINT JUDGE RUDY J, NICHOLS ROSENBERG,CLI v HERRMANN,SCOT ~~~~ __________ ~ ______________________ -L~

<;ourt address Court telephone no.

1200 North Telegraph Road, Pontiac, MI 4834] (248) 858-0582

Plajn~ff t:larrje(s), address(es), and telephone no(s). Defendant name(s), address(es). and telephone no(s).

CLINT ROSENBERG and NORTHERN METALS, INC.

,',.<.' . -, "'.: _.

v SCOTT M. HERRMANN 1440 Boulevard SE Atlanta, GA 30315

THE HERRMANN LAW FIRM c/o Scott M. Henman, Registered Agent 1126 Ponce de Leon Avenue, NE Atlanta GA 30306

I SUMMONS' NO-l"ICE TO THE DEFENDANT: In the name of the people of the State of MiChigan you are noiified: 1. You are being'S~ed. 2. YOU HAVE 21clJ1l.YS.afterreceiving this summons to file a written answer with the court and serve a copy on the other party

ortake other lawful action wifu:the court(28 days if you were served by mail oryouwereserved outside this state). MeR2,111 (e)

3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint.

IISS'SEp 0 l/?OlO IThi1Jrcns0'3es2010 ICourtclerk RUTH JOHNSON *Thls summons is invalid unless salVed on or before its expira1ion dale.

This document must be sealed by the seal of the court.

I COMPLAINT I Instruction: The foJ/owing is information thatis required to be in the caption ofeverycompJaint and is to becompJeted by the plaintiff. Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this fonn.

Family Division Cases o There is no other pending orresolved action within the jurisdiction olthe family division of circuit court involving the family orfamily

members of the parties. o An action within the jurisdiction of the family division of the circuit court involving the family or family members of the parties

has been previously filed in Court. The action 0 remains 0 is no longer pending. The docket number and the judge assigned to the action are:

/Docket no. Bar no.

General Civil Cases

bZI There is no other pending or resolved civil action arising out ofthe same transaction or occurrence as alleged in the complaint. o A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has

been previously filed in Court. The action 0 remains 0 is no longer pending. The docket number and the judge assigned to the action are:

JDocket no. Bar no.

VENUE I Plaintiff(s) residence (include city, township, or village) Defendant(s) residence (include city, township, or village)

Oakland County, Michigan Fulton County, City of Atlanta, State of Georgia

Place where action arose or business conducted

Oakland Connty, Michigan

1-1-[0 ~n:--Date SignatuTeOtaomey!piaintiff

If you require special accommodations to use the court because ofa disability or if you require a foreign language interpreter to help you to fully pariicipate in court proceedings, please contact the court immediatelyto'make'arrangements. " ,-

MC 01 (3/06) SUMMONS AND COMPLAINT MeR 2.102{B){11), MeR 2.104, MeR 2.105. MeR 2.107, MeR 2.113{C){2){a), (b), MeR 3.206{A)

SUMMONS AND COMPLAINT I PROOF OF SERVICE I Case No. 09- - CV

TO PROCESS SERVER: You are to serve the summons and complaint not laterthan 91 days from the dale of filing or the date of expiration on the orderforsecond summons. You must make and file your return with the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk.

I CERTlFICATE/AFFIDAVITOFSERVICEIiIIONSERViCE I o OFFICER CERTIFICATE OR . M AFFIDAVIT OF PROCESS SERVER

I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, oraiiomey for a party [MCR 2.1 04(A)(2)], and

Beind'first duly swom, I state that I am a legally competent adultwho is not a partyoran officerofa corporate party, and

that: (notarization not required) that: (notarization required)

o I served personaily a copy of the summons and complaint, o I seived by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint,

togmherwith~~ __________ ~~~ ______ ~ ____ ~ ______________________________________ ___ list-:aJI-documents served with the Summons and Complaint

~ __________________________________________________________________ on the defendant(s):

Defendant's name Complete address(es) of selVice Day, date, time

~have personally attempted to serve the summons and complaint, togetherwilh any attachments on the following defendanl(s) and have been unable to complete service.

Defendanfs name Complete addressees) of serAce

6::oH IVI. l-!errmGtIl/\

Service fee Miles traveled Mileage fee Total fee Signature

$ $ $ Title

Subscribed and sworn to before me on / ?-j ll} I / 0 Date I I

My commission expires: l2-J t?)} LI Signature: OJ;~~~~~ Date'{'\' Q

Notary public, state oUAiehi§sll, County of.=~=~~~=======~ U--ct;)l"ij 111 I ACKNOWLEDGMENT OF SERVICE I

I acknowledge that I have received service of the summons and complaint. together with Attachments

_________________________________ on~~~~--------------------__ --------------------Day, date, time

onbehaWw ____________________________________ _

I PROOF OF SERVICE I SUMMONS AND COMPLAINT Case No. 09- - CV

TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date offiling orthe date of expiration on the orderforsecond summons. You must make and file yourretum wiih the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk.

I CERTIFICATE/AFFIDAVITOFSERVICE/NONSERVICE I o OFFICER CERTIFICATE OR

I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, oratfomey for a party [MCR 2.1 04(A)(2)], and that: (notarization not required)

~FFIDAVlT OF PROCESS SERVER Being first duly sworn, I state that I am a legally competent adullwho is not a partyoran officerof a corporate party, and that: (notarization required)

o I served personaily a copy of the summons and complaint, o I seived by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint,

together with ~L~~t-~~~~do-c-um-e-n~~-s-e~-e~d-w7.~~t~he~Su-m-m-o-ns--an~d~C~o-m~p~~m~t------------------------------------------

_______________________________________________________ on the defendant(s):

Defendanfs name Complete addressees} of service Day, date, time

'FI:J I have personally attempted to selVe the summons and complaint, together with any attachments on the following defendant(s) T)hd have been unable to complete service.

Defendant's name Complete addressees) of service

er rt11Ct n n

Service fee MHes traveled MHeage fee Total fee

$ $ $

Subscribed and sworn to before me on 1;Z/ q IJO /0 Date f '

Day, date, tim: t i(j"€c-/Il rr;,aCf::} I

1,),/"6' ;;1-0/cJ ,

My commission eXjpil1~s: .~J..!.':L~'JL __ =_~ EiigrlatlJre: i5Qi;;Jij~~~~~~~~'-"'j---------------

Notary public, State of Micll'gan, County Of~~~~~~~~~~~~~ ~iA iACKNOWlEDGMENT OF

I acknowledge that I have received service of the summons and complaint, together Attachments

________________________________ on~~~~--------------------------______ --------Day, date, time

on behalf of ______________________________ _

z « -:> .,.... .,.... a C\I ..l<: L-

<D ()

4' c ::J a ()

""0 C (I)

..l<: (I)

o Q') c

LL L-

.8 ""0 <D

.2: <D t.l <D

0:::

DJ/DM Original- Court

Approved, SCAD 1st copy - Plaintiff Copies - AU other parties

STATE OF MICHIGAN l\ EFAULT REQUEST, AFFIDAVIT, ENTRY,ANDJUDGMENT

{SUM CERTAIN)

CASE NO. JUDICIAL DISTRICT

6th JUDICIAL CIRCUIT

Court address

1200 Telegraph Rd., Pontiac M148341

Plaintiff name~ address, and telephone no.

Clint Rosermerg, et al. v

10-115349-cz

Defendant name, address, and telephone no.

Scott Herrmann, et al.

Court telephone no.

Plaintiffs attorney. bar no., address, and telephone no.

David Hansma (P71056)

Defendant's attorney, bar no., address, and telephone no.

P.O. Box 55047 1361 E. Big Beaver Rd. Atlanta, GA 30355 Troy, MI 4Mi.\3-(248) 457"9:110Q-

USE NOTE: Plaintiff must complete the Request and Affidavit and the Default Judgment before filing with the court.

!REQUESTANDAEFIDAVIT! 1. I requestatiefault enlr),-against Scott Herrmann for failure to appear . 2. The claim againstthe defaulted party is fora sum certain orfor a sum, which by computationcan be made certain, and the plaintiff

requests judgment in the-amount of$ 90.000.00 fromthedefaulted party. -3. The'defaulted party is not an infant orincompetent person . 4. D It is unknown whether the defaulted· party is in the military service. 0 The defaulted party is not inthe military service.

D The defaulted party is in the military but there has been notice of pendency olthe action and adequate time and opportuntty to awearand defend has been provided. Attached, as appropriate, is a waiver of rights and protections provided underthe Servicemembers Civil Relief Act Faels upon which this conclusion is based are: (specify)

5. This affidavit is made on my personal knowledge and, if sworn as a witness can t ~tothefacts in this affidavit.

P71056 Bar no. • \ \ Appl!ca~tI~ttor~ey signature

Subscribed and sworn to before me on \ \ Z \ \ U P>(J I=\-rol..D Coun Michi an.

I Oat'" ( , \\ PRINCESS M. DAVIS My commission expires: \ t to [? 012-- SIQnature: \ e:,,4,,6&;l;;ll;f,ii';d~7&:-+_N:.:.o:cta:::r!...YePUrnbJi-lic",,,.:(Stifatwe,,"0irf MiF-ic",hig",an

Date \ \ '\ peputy cou c r No \ .\ \ My CommJssion Expires Dec. 20, 2012

Notary public, State of Michigan, County of ' Nn~ W -S "--~ Acting In the County of QqV 19X"Q,.~1

!DEFAULT ENTRY! The default olthe party named above for failure to appear is entered.

JAN 182011 ~B~i~II~B~u~lIa~r~d~J~r. ________________ _ Date Court clerk

By: /s/ D.MAJOR ! DEFAULT JUDGMENT I IT IS ORDERED this judgment is granted in favor of the plaintiff(s) as follows. *Attach bill of costs if statutory limit is exceeded. Damages: $ 90,000.00 Costs: $, ____ _ Altorneyfee/other: $, ____ Totaljudgment: $ 90,000.00 This Judgment will earn interest at statutory rates, computed from the filing tlate of the complaint.

Judgment interest accrued thus far is $ and is based on: If needed, attach separate sheet. D the statutory rate of ___ % from to _______ _ D the statutory 6-month rate(s) of ___ % from to _______ _

JAN 18 2011 ,;B:,;iI~1 ;:;Bu:;,:I,:;:la=,rd::...::.:Jr..:... _________ _ Date Court clerk/Judge

. By: /s/ D.MAIOR This judgment has been entered and will be final unless, within 21 days of the default-judgment data, a motion to set aside the default is filed.

I CERTIFICATE OF MAILING! I certify that on this date I served a copy ofthis default entry and judgment on the parties ortheir attorneys by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3).

Date Signature Mel 32.517, Mel 600.2441, Mel 600.5759, MeL 600.6013,

MC 01a (3/10) DEFAULT REQUEST, AFFIDAVIT, ENTRY, AND JUDGMENT (SUM CERTAIN) MeR 2.603(B)(2), 50 USC 521

Approved, SCAD

Original - Court 1 sl copy - Plaintiff Caples - AU other parties

STATE OF MICHIGAN JUDICIAL DISTRICT

JUDICIAL CIRCUIT

DEFAULT REQUEST, AFFIDAVIT, ENTRY, AND JUDGMENT

(SUMCERTAIN)

CASE NO.

. -.'t7~._

6th COllrt address

1200 Telegraph, Pontiac, MI

Plaintiff nama, address, and telephone no.

Clint Rosenberg, et al.

Plaintiffs attorney, bar no., address, and telephone no .

David Hansma (F71 056) 1361 E. Big Beaver Rd Troy, MI 48083 (248) 457-9200

v

1 0-115349-cz

Defendanl name, address, and telephone no.

Scott Herrmann, et al.

Court telephone no.

Defendant's attomey, bar no., address, and telephone no,

P.O. Box 550047 Atlanta, GA 30355

USE NOrc:: Plaintiff must complete the Request and AflidaVlI and the Default Judgment before filing With the court .

..-.1 REQUEST AND AFFIDAVIT I ··E·.·· 1, I request-a-default entry against Scott Herrmann for failure to appear. N 2. Theclalm against the defaulted party is for a sum certain orfora sum, which by computation can be made certain, and the plaintiff .;.:: requests judgment in the amount of $ 90.000.00 from Ihedefaultedparty. t- 3. The defaulted party Is not an infant or incompetent person, CD 4. [J It is unknown whether Ihe defaulted party is in the military service. 121 The defaulted party is not in the military service. 0, 0 The defaulted party is In the military but there has been notice of pendency of the action and adequate lime and opportunity ~ to appear and defend has been provided, Attached, as appropriate, is awaiverofrights and protections provided under the C SeIVicemembers Civil Relief Act. Facts upon which this conclusion is based are: {specify} g 5. This affidavit is made on my personal knOWledge and, if sworn as a witnes~n ~~~etently to the facts in this affidavit.

° ~ '" P71056 '0 / AppJ!canUAttorney Signature Bar no.

iii Subscribed and sworn to before me on I /$ / cO I I ,-c:=Jp)I~/O'JL J/,~lun.j,'"" "."fl::. (/----'::::.... ___ ~ Counly, Michigan. 32 Oar, (_ -, z:> . ~. '\J01J C1l My commission expires: I?-! blo ( ao 19. Signature: -It} i A ,[ ,} I'~ o Dale Deputy court clerlrJN~ic 2? Notary public, State of Michigan, County of _-,L""W)Lfi...c,,",~4I:>.I..610L-_________ _ PRINCESS M. DAVIS

blotary public, State of Michigan County of Wayne 'u:- "j.DEFAULTENTRYI

JAN 132011 L..

The default of the party named above for failure to appear is entered.

Bill Buliard ,)r My Commission ExplrBJ\ Dec. 20,20.12

Ac\!ng In IIll} County of UQ It l)4 tu.D

Dare Courtcle,k By: lsi S.WAGNER .2

ill I DEFAULT JUDGMENT I IT IS ORDERED this judgment is granted in favor of the plaintiff(s) as follows . . ~ 'Attach bill of costs If statutory limit is exceeded,

~ Damages: $ Costs: $,_____ Attorneyfee/Other: $ ____ Total judgment: $======= Q) This judgment will earn Interest at statutory rates, computed from the filing' dale of the complaint.

0:::_, ... ,_~!Jdgment interest accrued thus far is $ and is based on: If needed, attach separate shee!. o the stalutory rate of ___ % from 10 _______ _ o the statutory 6-month rate(s) of ___ % from to _______ _

JAN 132011 Date

Bill Bullard Jr Courtcl"I<_ By: lsi S.WAGNER

This Judgment has been entered and will be final unless, within 21 days of the default Judgment date, a motion \0 set aside the default Is filed.

CERTIFICATE OF MAILING I certify that on this date I served a copy of this default entry and judgment on the parties or their attorneys by first-class ma I addressed to their last-known addresses as defined by MCR 2, 1 07(C)(3).

Dala Signatute MCl 32.517, MeL 600.2441, Mel 600.5759, Mel 600.60'13,

Me 07a (3/10) DEFAULT REQUEST, AFFIDAVIT, ENTRY, AND JUDGMENT (SUM CERTAIN) MeR 2.603(B)(2). 50 USC 521

CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing on all

parties to these proceedings or their counsel by depositing same in the United

States mail with sufficient postage attached thereon addressed to the following:

Mr. Scott Michael Herrmann P. O. Box 550047 Atlanta, GA 30355

~

This ~ day of November, 2011.

STATE BAR OF GEORGIA Office ofthe General Counsel 104 Marietta Street, NW Suite 100 Atlanta, Georgia 30303 (404) 527-8720

Jenp K. Mittelman De ty General Counsel State Bar No. 513828