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

FIRM 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.:_. --... ,;;
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 Jll!!
order contained herein.
Upon your receipt and review of this, please contact me to alert me whether or
not you will be dismissing the lawsuit discussed herein. If you do not agree to the dismiss,
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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