David Stern v US Bank

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Case 1:11-cv-21397-CMA Document 1-1 Entered on FLSD Docket 04/20/2011 Page 1 of 11

IN THE CIRCUIT COURT OF THE I )Til JUDICIAL CIRCUIT IN AND FORMIAMI-DADE COUNTY, FLORIDA

Tl-IE LAW OFFICES OF DAVIDJ. STERN, P.A. CASE NO. \ l -802>(0- C.A-ol ( ~ D Plaintiffs.

v.U.S. BANK,

Defendant.__________________________________________________________________ 1

ALIAS SUMMONSTHE STATE OF FLORIDA:TO EACH SHERIFF OF THE STATE:

YOU ARE COMMANDED to serve this alias summons and a copy of the Complaint in thisaction on Defendant:U.s. BANKCorporate Headquarters:U.S. Bancorp Center800 Nicollet MallMinneapolis. MN 55402

Defendant is required to serve written defenses to the Complaint on Plaintif fs attorney:Matias R. Dorta, Esq.Tew Cardenas LLP1441 Brickell Ave, 15'" FloorMiami. FL 33131Tel. 305-536-1 112

within 20 days after service ofthis summons on that defendant, exclusive of he day of service, and (0 filethe original of the defenses with the Clerk of this Court either before service on Plaintiff's attorney orimmediately thereafter. If a defendant fails to do so, a default will be entered against that defendant forthe relief demanded in the Complaint.DATED: March 21, 2011(Court Seal)

EXHIBITJA

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. ; . ' IN THE CIRCUIT COURT OF THE 11TH nIDICIAL CIRCUIT IN AND FORMIAMI-DADE COUNTY, FLORIDA

THE LAW OFFICES OF DAVID J. STERN, P.A. CASE NO. Ii- to80 CIJ-d) (/0Plaintiffs,v.US BANK,

Defendant.-------------------------------./SUMMONS

THE STATE OF FLORIDA:TO EACH SHERIFF OF THE STATE:YOU ARE COMMANDED to serve this summons and a copy of the Complaint in this action onDefendant:

Corporate Headquarters:U.S . BancorpU.S. Bancorp Center800 Nicollet MallMinneapolis, MN 55402

By serving: The president or vice president, or other head of the corporation; or in their absence, thecashier, treasurer, secretary or general manager, or in their absence, on any officer or business agent.Defendant is required to serve written defenses to the Complaint on Plaintifrs attorney:Matias R. Dorta, Esq.Attorney No. 770817Tew Cardenas LLP1441 Brickell Ave, 15 th FloorMiami, FL 33131

Tel. 305-536-1112within 20 days after service of this summons on that defendant, exclusive of the day of service, and to filethe original of the defenses with the Clerk of this Court either before service on Plaintifrs attorney orimmediately thereafter. If a defendant fails to do so, a default will be entered against that defendant forthe relief demanded in the Complaint.DATED:(Court Seal) CLERK OF THE CIRCUIT COURT

MARLENE GARCIA;'By: ______________________Deputy Clerk

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IN THE CIRCUIT COURT OF THE II TH JUDICIAL CIRCUIT IN AND FORMIAMI-DADE COUNTY, FLORIDA

THE LAW OFFICES OF DAVID J. STERN, P.A. C A S E N O . I I ~ f...d3& ( ; ; )(:,/'1 {j)laintiffs,v.US BANK,

Defendant.-------------------------------,/SUMMONS

THE STATE OF FLORIDA:TO EACH SHERIFF OF THE STATE:

YOU ARE COMMANDED to serve this summons and a copy of the Complaint in this action onDefendant:Corporate Headquarters:U.S. BancorpU.S. Bancorp Center800 Nicollet MallMinneapolis. MN 55402

By serving: The president or vice president, or other head of the corporation; or in their absence, thecashier, treasurer, secretary or general manager, or in their absence, on any officer or business agent.Defendant is required to serve written defenses to the Complaint on Plaintiffs attorney:Matias R. Dorta, Esq.Attorney No. 770817Tew Cardenas LLP

1441 Brickell Ave, ISIh FloorMiami, FL 33131Tel. 305-536-1112

within 20 days after service of this summons on that defendant, exclusive of the day of service, and to filethe original of the defenses with the Clerk of this Court either before service on Plainti ff's attorney orimmediately thereafter. If a defendant fails to do so, a default will be entered against that defendant forthe relief demanded in the Complaint.DATED: I6&\R 14, lnft

CLERK OF THE CIRCUIT COURT(Court Seal) MARLENE G A R C I A ~

By:_________Deputy Clerk

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COMPLEX BUSINESS COURTThis action is appropriate for assignment to Complex Business Court as delineated and mandated by theAdministrative Order. Yes 0 No l&I

REMEDIES SOUGHT (check all that apply):l&I monetary;o non-monetary declaratory or injunctive relief;o punitiveNUMBER OF CAUSES OF ACTION: [ 3 ](specify) Breach of contract, open account, account stated

IS THIS CASE A CLASS ACTION LAWSUIT?DYesl&I No

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?l&I Noo Yes If "Yes", list all related cases by name, case number, and court.

IS JURY TRIAL DEMANDED IN COMPLAINT?DYesl&I No

JCERTIFY that the information Jhave provided in this cover sheet is accurate to the best of my knowledge and belief.

Signatur. Florida Bar # 770817~ r p ~ (Bar#lfattomey)Matias R. Dorta 3/1'11"(type or print name) D a t ~

CLKlCT 96 Rev . 12109 Clerk s web address: www .mlaml-dadeclerk .com

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IN THE CIRCUIT COURT OF THE 11thCIRCUIT, IN AND FOR MIAMI-DADECOUNTY, FLORIDATHE LAW OFFICES OF DAVID 1. STERN, P.A.

Plaintiff,v. CASE NO.:US BANK,

Defendant.- - - - - - - - - - - - - - - - - - - - - - - - ~ /

COMPLAINTThe Law Offices of David J. Stem, P.A. sues US Bank and alleges:

JURISDICTION AND VENUE1. This is an action of excess of $15,000, exclusive of attorney's fees, costs and

interest and within the jurisdiction of this court.

2. Plaintiff, The Law Offices of David J. Stem, P.A. ("DJSPA"), is a Floridacorporation with its pr incipal place of business in Plantation, Florida.

3. Defendant, US Bank, is a Delaware corporation with its principal place ofbusiness in Minnesota.

4. US Bank is subject to jurisdiction in this forum because it operates, conducts,engages and carries on business in the State of Florida, it breached a contract in this State byfailing to perfonn acts required by the contract to be perfonned in this State, it has offices andagencies in this State, it owns, possesses and holds mortgages and other liens on real property inthis State, and it is engaged in substantial and not isolated activity within the State.

5. Venue is proper in Miami-Dade County because Defendant has an office inMiami-Dade County for the transaction of its customary business.

TEW CARDENAS LLPFour Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 ' 305-536-1112

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6. All conditions precedent to filing this action have been perfonned or haveoccurred.

COUNT IBREACH OF CONTRACT

7. DJSPA realleges paragraphs 1 through 6 as if fully set forth herein.8. US Bank, through one of its divisions, US Bank Home Mortgage ("US

Mortgage"), entered into an oral contract for DJSP A to provide legal services to US Bank andUS Mortgage.

9. US Bank breached the contract by failing to pay DJSPA for the legal services itprovided to US Bank and US Mortgage.

. 10. DJSPA was damaged by US Bank's breach of contract.WHEREFORE, DJSPA demands judgment for damages against US Bank, plus interest

and costs.

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COUNT IIOPEN ACCOUNT

DJSPA realleges paragraphs 1 through 6 as if fully set forth herein.12. US Bank owes DJSPA $817,863.74 that is due with interest since February 7,

2011, according to the account, attached as Exhibit A.WHEREFORE, DJSP A demands judgment for damages against US Bank, plus interest

and costs.COUNT IIIACCOUNT STATED

13. DJSPA realleges paragraphs 1 through 6 as if fully set forth herein.14. Before the institution of this action, DJSPA and US Bank and US Mortgage had

business transactions between them and on February 25,2011 agreed to the resulting balance.Page 2 of 3

TEW CARDENAS LLPFour Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407

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15. DJSPA rendered a statement to US Bank through its division, U.S. Mortgage, acopy being attached hereto as Exhibit B, and US Bank did not object to the statement.

16. US Bank owes DJSPA $817,863 .74 with interest since February 7, 2011 on theaccount.

WHEREFORE, DJSP A demands judgment for damages against US Bank, plus interestand costs.DATED:

551910.1

March 10, 2011Respectfully submitted,TEW CARDENAS LLPCounselfor The Law Offices ofDavid J.Stern, P.A.The Four Seasons Tower1441 Brickell Avenue, 15 th FloorMiami, Florida 33131-3407Telephone: 305.536.1112Facsimile: 305.536.1116

B Y

Page 3 of 3"fEw CARDENAS LLP

JEFFREY A. TEWFlorida Bar No. 121291MATIAS R. DORTAFlorida Bar No. 770817

FourScaso ns Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 331313407

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Documents

David Stern v US Bank