LATTUCA V. GEGI, ET AL
A copy of the Order entered on Jan. 31, 2017 is attached below. This Order was entered, in part, for GEGI failing to produce its financials or appear for deposition in aid of execution. Next hearing date is April 11, 2017. The Genesis Electronics Group, Inc. that is a judgment debtor in this case is the same Genesis Electronics Group, Inc. that trades under ticker GEGI. If anyone has any evidence these are two different Genesis Electronics Group, Inc. please post a link to some document that demonstrates the claim. Everything in this post is factually accurate and can be easily verified by checking the St. Johns County Docket.
IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
CASE NO.: DIVISION:
CA10-1547 55
MICHAEL L. LATTUCA,
Plaintiff,
V.
GENESIS ELECTRONICS, INC.,
a Foreign Corporation, GENESIS
ELECTRONICS GROUP, INC.,
A Foreign Corporation, EDWARD DILLON, and RAYMOND PURDON.
Defendants.
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ORDER FINDING PURDON IN CONTEMPT. ORDERING SANCTIONS. AND ORDERING THE ISSUANCE OF A WRIT OF BODILY ATTACHMENT
This matter having come before the Court on Plaintiff, Michael Lattuca's ("Lattuca"), Emergency Motion for Writ of Bodily Attachment and Issuance of a Commission, dated January 13, 2017 [Doc. 500] and the Court having heard argument of counsel and being otherwise fully advised of the premises, rules as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Defendant, Raymond Purdon ("Purdon") has a long history of refusing to comply with Orders of this Court. His pleadings were stricken for his refusal to produce financial documents in relation to the demand for punitive damages asserted by Plaintiff. Ultimately, the jury found Purdon liable to Lattuca in the amount of $50,000.00 for compensatory damages and $100,000.00 in punitive damages. The Final Judgment entered against Purdon required Purdon to complete a Fact Information Sheet in accordance with
Filed for record 02/01/2017 02:02PM Clerk of Court St. Johns County, FL
the rules of procedure. Purdon did not Fact Information Sheet within the time required. Upon motion by Lattuca to sanction Purdon for failing to complete the Fact Information Sheet, this Court entered a second order requiring Purdon to complete the Fact Information Sheet and requiring him to sit for a deposition in his home county in New Jersey. Despite this second order requiring completion of the Fact Information Sheet and requiring his attendance at deposition, Purdon refused to provide a completed Fact Information Sheet and refused to appear at the court ordered deposition. When Purdon didn't show for this court ordered deposition or complete the Fact Information Sheet Lattuca filed and Emergency Motion for Writ of Bodily Attachment and Issuance of a Commission, which was the subject ofthe hearing that resulted in this Order.
The hearing was scheduled by a Court Order and specifically allowed all parties to appear by telephone. Present at the hearing was D. Brad Hughes, Esq. for Lattuca and Paras Desai for Purdon. Neither Purdon nor Lattuca were present by telephone or in person. Purdon offered no testimony or affidavit to explain why he has not complied with the Court's prior orders. It is apparent to this Court that Purdon has no intent to participate in Lattuca's discovery in aid of execution.
Purdon is a resident of the state ofNew Jersey. D. Brad Hughes notified the Court that the Final Judgment was domesticated in New Jersey and that currently about
$85,000.00 has been frozen in a New Jersey account, that Purdon's wife has made no claim to the frozen funds but Purdon has hired New Jersey counsel in an attempt to prevent Lattuca from executing on this $85,000.00. D. Brad Hughes filed an affidavit attesting that he expended 26 hours of time and that his associate Hans Wahl expended 16.75 hours pursuing discovery in aid of execution and that their hourly rates were $325 and $295,
respectively. The Court finds these attorney's time expended to be reasonable in light of the circumstances and finds their hourly rates to be reasonable. The Court finds that Purdon has the present ability to pay this $13,391.25 in attorneys' fees and could pay such attorneys' fees by simply releasing a portion of the approximate $85,000.00 in frozen funds.
D. Brad Hughes also notified this Court that Purdon is under a New Jersey Court
Order to list his home for sale no later than February 1, 2017 and that the home is estimated to have hundreds of thousands of dollars in equity. This Court finds Purdon's actions to be part of a willful, intentional and malicious strategy to prevent Lattuca from locating additional assets for execution upon a Final Judgment that is not subject to any stay of execution. The Court finds this willful and contumacious disregard to be the fault of Purdon and not that of his attorney.
ORDERED AND ADJUDGED that:
1. Plaintiff, Michael Lattuca's, Emergency Motion for Writ of Bodily Attachment and Issuance of a Commission, dated January 13,2017 [Doc. 500] is GRANTED.
2. Purdon is found to be in willful, intentional and malicious contempt and a Writ of Bodily Attachment shall issue directing each Sheriff of the State of Florida to take Purdon into custody to serve a term of incarceration for One Hundred Seventy-Nine
(179) days in the St. Johns County Jail. Purdon can purge himself of contempt and the writ by fully and completely completing the Fact Information Sheets for Raymond Purdon, Genesis Electronics Group, Inc. and Genesis Electronics, Inc., by subjecting himself to a deposition in aid of execution and by paying Lattuca
$13,391.25.
3. All objections to the issuance of third party subpoenas, except for objections due to attorney-client privilege, are hereby waived.
4. This Court will enter a Judgment against Purdon for $13,391.25 contemporaneous with the entry of this Order.
5. This Court recognizes that Courts in other states have discretionary authority to give full, faith and credit to the portion of this Order directing Purdon be incarcerated until he purges his contempt. However, this Court requests that the Courts of New Jersey and other states give full, faith and credit to the entirety of this Order, including the portion directing Purdon to be incarcerated until he purges his contempt.
DONE AND ORDERED in Chambers, in St. Johns County, Florida, this Uday of January 2017.
AI
