07/17/2008 340 RESPONSE in Opposition re: 191 MOTION for Sanctions and Entry of Contempt against Universal Express, Altomare and Gunderson. First Supplemental Response to Plaintiff's Second Submission Regarding Contempt & Combined Second Motion for Relief from Contempt. Document filed by Richard A. Altomare. (Tifford, Arthur) (Entered: 07/17/2008)
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Doc 340
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DEFENDANT, RICHARD A. ALTOMARE’S FIRST SUPPLEMENTAL RESPONSE TO THE PLAINTIFF’S SECOND SUBMISSION REGARDING CONTEMPT AND COMBINED SECOND MOTION FOR RELIEF FROM CONTEMPT [1]
Richard A. ALTOMARE, by and though his undersigned attorney, hereby files his first supplemental response to the SEC’s second submission on Altomare’s contempt and defendant’s second motion for relief from contempt. The purpose of this first supplemental response is to inform the Court and document the two new developments set forth below which modify all pertinent statements of fact and discussion in his response electronically filed on July 15, 2008. [Docket No. 339].
[1] The SEC’s second submission was filed July 2, 2008, Doc.#338.
1. On July 16, 2008, Altomare’s counsel received a new listing agreement between the Altomares and Caldwell Banker, Real Estate Broker re-listing for sale of the Bocaire residence. See DX-64; Bates Numbers 2614-2622. The re-listing for sale is effective July 12, 2008.
2. On July 15, 2008, at 10 p.m., more or less, Mrs. Altomare was served with legal process of a civil action to foreclose the first mortgage, all junior mortgages and encumbrances thereto and ownership interest in the Toscano condominium, the proceedings being known as Florida 15th Judicial Circuit Case No. 50 2008 CA 020259XXXXMB, and captioned Wells Fargo Bank, N.A., as Trustee on behalf of The Harborview 2006-12 Trust Fund v. Richard A. Altomare, et al. Mr. Altomare also was served by substituted service of the court process on Mrs. Altomare. A true and accurate of the Civil Action Summons, Lis Pendens and Complaint are attached as DX-65; Bates numbers 2623-2652.
Respectfully submitted,
TIFFORD AND TIFFORD, P.A.
ARTHUR W. TIFFORD, ESQ.
Lead Counsel for Defendant
Richard A. Altomare
1385 NW 15 Street
Miami FL 33125
Telephone: (305) 545-7822
Telefax: (305) 325-1825
BY /s/
ARTHUR W. TIFFORD
(NY ID-011481) |
