1 IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.

: 09-70485 CA 30

J.P. MORGAN CHASE, Plaintiff, vs. DOMINICA M. HEUER, a/k/a DOMINICA HEUER; OLIVER J. HEUER; et al., Defendants.

__________________________________/

- - PROCEEDINGS BEFORE HONORABLE LESTER LANGER - - ______

DATE: TIME:

NOVEMBER 15, 2012 10:30 A.M. - 11:05 A.M.

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - - BE IT REMEMBERED, that the following proceedings were taken in the above-styled cause before Honorable Lester Langer at the Miami-Dade County Courthouse, 73 WEST FLAGLER STREET, Room 511, in the City of Miami, County of Miami-Dade, State of Florida, on Thursday, the 15th day of November, 2012, to wit: THE COURT: MR. RESNICK: THE COURT: MR. RESNICK: very end of this. Gentlemen. Judge, how are you? Okay. I apologize for being at the This is JP Morgan Chase APPEARING ON BEHALF OF DEFENDANT: AARON RESNICK, ESQUIRE LAW OFFICES OF AARON RESNICK, P.A. NEW WORLD TOWER 100 N. BISCAYNE BOULEVARD, SUITE 1607 MIAMI, FLORIDA 33132 APPEARING ON BEHALF OF PLAINTIFF: TRAVIS HARVEY, ESQUIRE SHAPIRO, FISHMAN & GACHE, LLP 2424 NORTH FEDERAL HIGHWAY, SUITE 360 BOCA RATON, FLORIDA 33431

versus Dominica Heuer.

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 down. COURT REPORTER: MR. RESNICK: Thank you. THE COURT: Okay. Do we have that on the

calendar for today? COURT REPORTER: can't hear you. THE COURT: Guys, you need to hold it Excuse me. I'm sorry, I

I am Aaron Resnick here on

behalf of the Defendant, Dominica Heuer. THE COURT: MR. RESNICK: the calendar. Okay. Yes, Your Honor, it is on

Actually, there was a bunch of

stuff that was set for hearing today, but we reached an agreement yesterday. THE COURT: MR. RESNICK: Uh-huh. There was two motions. One

motion was to compel mediation and another motion was to continue the trial and take it off the trial docket. Neither myself or

opposing counsel noticed this case for trial. It was noticed by -THE COURT: MR. RESNICK: THE COURT: By the Senior Division, yes. By the Senior Division. Just so you'll be clear, I

have no jurisdiction to do anything on this

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case. It has to go back before the Senior So to do anything, I

Division or Judge Bailey.

can't take it off the calendar, okay? MR. RESNICK: appreciate it. bench, but -THE COURT: me leaving. No, it has nothing to do with Okay. So -- and I

I know you're leaving the

It has to do with how they set up

that division, that Judge Bailey moved all of these cases out of all of the divisions into that division to move them along to trial. MR. RESNICK: THE COURT: Okay. And I don't have the ability

jurisdictionally to grant any kind of motions that would effect that trial date. MR. RESNICK: So you couldn't even grant

the motion for us to mediate? THE COURT: No. You guys could do it if

you want, but I can't -- I can't do anything that will effect the trial date. MR. RESNICK: Okay. Then the only person

that could do that is Judge Bailey? THE COURT: Or maybe Judge Platzer since

she's the acting administrator judge. MR. RESNICK: Okay. Thank you for --

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: So, I'm sorry. I mean, I

would like to help you out, but I lose -- I lost jurisdiction once you took the case out of my division. MR. HARVEY: And, Your Honor, just for the

record, Travis Harvey from Shapiro, Fishman & Gache. I'm here on behalf of the Plaintiff, And counsel and I, yes, are We feel

J.P. Morgan Chase.

in agreement to continue the trial.

the issues could be resolved better by mediation, at least, before going to trial, you know, in end of January, February. THE COURT: Well, you need to take it up

with Judge Bailey or whoever her temporary administrative judge is -MR. RESNICK: THE COURT: MR. RESNICK: That's fine. That's relative to that. And just so we're both

clear, I know you're only here for another two or three weeks -THE COURT: MR. RESNICK: To the end of the year. -- but can any motions in

this case be heard by you at this point or has it totally been transferred now? THE COURT: I believe it has been totally

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transferred out of my division to whatever they call that division, 51 or whatever it is. MR. RESNICK: THE COURT: Okay. Over there. So I no longer Certainly,

have jurisdiction to hear anything.

I don't have anything -- jurisdiction to hear anything that would impact the trial date that's already been set. Now, if you go there and they agree to continue the trial, then it may come back to me for any other motions, I don't know. MR. RESNICK: THE COURT: Okay. But once it goes there and

trial is set, I am forboden, forbidden, to change any of that. MR. RESNICK: THE COURT: MR. HARVEY: THE COURT: MR. HARVEY: Thank you, Your Honor. Okay. Sorry.

Thank you, Your Honor. Okay. Have a good holiday.

You too.

(Whereupon, the proceedings were concluded at approximately 11:05 a.m.)

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

7 1 2 3 4 5 6 7 8 9 10 11 I further certify that I am not a relative or 12 employee or attorney or counsel of any of the 13 parties, nor a relative or employee of such attorney 14 or counsel, or financially interested, directly or 15 indirectly, in this action. 16 17 18 19 20 21 22 23 24 25 ___________________________ KIMBERLY PHILLIPS Court Reporter. Dated this 15th day of November, 2012. The certification does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the reporter. I, KIMBERLY PHILLIPS, Court Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that such transcription, Pages 1 through 6, herein is a true and accurate record of my stenographic notes. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) CERTIFICATE OF REPORTER

PLEASANTON, GREENHILL, MEEK AND ASSOCIATES 561-833-7811

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