Case 0:10-cv-62492-JIC Document 30 Entered on FLSD Docket 02/15/2011 Page 44 of 45FIRM PARTNERS

MICHAEL P. RUDD MRUDD@RUDDDL\MOND.COM

PETER A. DIAMOND PDIAMOND@JlUDDDIAMOND.COM

Angela Dipilato

H.UDD & DIAMOND, P.A.

PRESIDENTIAL CIRCLE SUITE 165-S

4000 HOLLYWOOD BLVD HOLLYWOOD, FLORIDA 33021

TELEPHONE (954) 961-5059 FACSIMILE (954) 961-8953 WWW.RUDDDIAMOND.COM

January 18,2010

2310 East Atlantic Boulevard, Suite 206 Pompano Beach, FL 33062

RE: ANGELA DIPILATO v. RUDD & DIAMOND et al. Case No.: 10-07506 COSO 62 Our File No.: 46.9473

Dear Ms. Dipilato:

--·--TINA H. Vo

BRE'ITYONO"i LAUREN SHAPIIto JASON L Com:."

MAlu.ENE COLLUO CHRISTOPHER SAUY.U

PATRICK}. GERACE JAIME NICOSIA LAUREN C. Tow

As with my previous letter, the purpose of this letter is two-fold. First, I would like to confirm receipt of your Amended Complaint for Damages. I'm not sure who your server was here to serve, as your server merely came into my office reception area and rudely and unprofessionally threw papers at my receptionist in a threatening manner. As we have already alerted you, serving my receptionist is useless and I would suggest not paying your server for that service as it is invalid. My receptionist is not authorized to accept service for my firm, my partner or me. However rather than make a whole big deal about this, I assume as with last time, you will agree to extend to me. Peter Diamond, my partner, Michael Rudd, and my firm, Rudd and Diamond. P _-\ . :...t:;: s.2...--:::;; courtesy you did before whereby you sent us waiYers of ser';i.:.:. K:.::.i.:_. .::.J.~~.:.:: :.~.:--~----& --... ,;; ~,._ agree to extend the response deadline for Peter Diamond, Michael Rudd and Rudd and Diamond through February 28, 2011.

As I have already indicated to you, I represent all of the above-referenced Defendants in this lawsuit, in addition to Ocean 4660 and now Remo Polselli. As such, I represent all Defendants in this lawsuit. Kindly let me know when you serve Ocean 4660 and Remo with the Amended Complaint and once you confirm service, I will file the appropriate responses thereto. In anticipation of your agreement/consent, I have enclosed a proposed Agreed Order for your review and approval.

Second and more importantly, in addition to the issues I previously raised in my January 14,

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RUDD & DIAMOND. P.A. FLORIDA DEFENSE ATTORNEYS

Case 0:10-cv-62492-JIC Document 30 Entered on FLSD Docket 02/15/2011 Page 45 of 45

2011 letter to support a Rule 11 motion for sanctions, I have additional support for the Rule 11 sanctions I intend to seek as it is clear that you will not go away quietly. Assuming arguendo, that your Amended Complaint states a non-frivolous cause( s) of action, you cannot prove compensable damages. I know this because you have not been "debt" harmed. In fact, any and all "debts" that you believe may have been existed, have been negated, dismissed and otherwise died on the vine, as the Plaintiff voluntarily dismissed its claims for any and all money damages. That said, your credit rating and the like is not and cannot have been said to harmed/damages as there is no debt!!!

Additionally I did receive your purported discovery request. The form of your request is not valid. As I have already informed you, there is no insurance coverage for your complaint and even to the extent that there is, carriers have NOT been informed of this lawsuit and will not be made aware ofthis lawsuit. My firm's relationship with whatever carriers you believe exists is a personal one that you will never be able to invade!!!! For that reason and that reason alone, please consider this my Local Rule attempt to confer with you to resolve the instant discovery matter. I object to producing any insurance agreements, and will not voluntarily agreed to do so. Additionally as drafted, no such insurance agreements, exist that are responsive to the same. Additionally in light of the fact that your request for inspection seeks insurance agreements that "satisfy the judgment," unless I missed something, our response to your request is none exist! Kindly let me know if this response is acceptable or whether I need to file a formal objection and motion for protective order. If so I will seek Rule 11 sanctions for your persistent frivolous attempt to obtain objectionable and non-existent materials.

Oddly, while I was drafting this letter, I came across a troubling order from the Court. The Court entered an Order on Default Procedure suggesting that you, as Plaintiff, never filed the waivers of service that we ha·- i_gned and agreed to. I confirmed this fact that the waivers were never filed. In response, I just filed the attached notices of appearance and waivers that we had previously agreed to. That said, I am also enclosing an Agreed order on Extension of time to Respond to the Amenderl Complaint, addressed above. Kindly, review the same and let me know if the same is acceptable to send the Court.

As an aside, in my frantic search of the Court record to determine why I received the Order on Default Procedure, I learned that your process server certified to the Federal Court that he serYed all Defendants at my office and that my receptionist accepted service. That simply is not true but I am not going to make a stink about it at this time assuming you agree to the te!•·,~ r<f~ Jll!!• order contained herein.

Upon your receipt and review of this, please contact me to disc~~ alert me whether or not you will be dismissing the lawsuit discussed herein. If you do not agree to the dismiss, d~u agree to the terms of the proposed Agreed Order Granting Extension ofTill!e for Defendant's to respond to the Complaint. Additionally, I need some direction about the, ,disco7ery request as well. I look forward to your anticipated response hereto. I re1pain, · ·

·, Sincerely' yours, J ,"

Peter A Diamond

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