April 12, 2011
Hon. Chief Judge Peter D. Blanc
Palm Beach County Main Judicial Complex, Room 5.2500
205 N. Dixie Highway
West Palm Beach, FL 33401
IN RE: David J. Stern Withdrawal Letters
Dear Chief Judge Blanc,
My name is Michael Olenick. I’m the founder and CEO of Legalprise, Inc., a PBC-based litigation support and data analysis company, based just a couple miles from the Palm Beach County courthouse. I work only for attorneys, and for the past two years I’ve been focused solely on foreclosure fraud.
I noticed the letters going back and forth between you, on behalf of the PBC judiciary, and David J. Stern, on behalf of his collapsed law firm, in reference to his demands for a change in the FL Rules of Civil Procedure to allow mass ex-parte motions without notice to the opposing party. Stern — who lives on a large house on a private island in Ft. Lauderdale, says he is too poor to notice the opposing party. I’d like to offer a solution.
To bootstrap Legalprise — that is, find the initial startup capital — I mailed letters on behalf of foreclosure defense attorneys. My computers created FL Bar approved letters, on behalf of attorney’s, to mail defendants when a case was filed, and optionally when a hearing or sale was scheduled.
The system itself actually ended up not only funding the company but was also an inadvertent public service; you wouldn’t believe the number of defendants that had no idea that a hearing or sale were scheduled in their cases. Quite a few defendants did not even know they were in foreclosure because they were in advanced modification discussions and their bank told them not to worry; they had never been served.
But .. I digress.
I’d be happy to use the Legalprise mail engine to find and notice all Palm Beach County defendants in cases filed by David J. Stern’s firm. For accuracy, it would be useful if Stern would cooperate and tell us which lawyers were working for him on which dates — so that we can cross-reference Stern filings by Bar ID — but if he is too busy we can probably figure it out on our own. Likewise, if we could get their last known address from court records, which we would use for no other purpose than this, it would make life easier but it isn’t vital. Somehow my tiny company managed for years to do the task that Stern cannot afford to, even as he still lives what looks like a lavish lifestyle.
For payment, I’m willing to trade my time for the use of either the boat he originally named “Su Casa Es Mi Casa” (Your House Is My House), or his beach-house if the boat has been sold or repossessed, to sponsor a get-together for the FL foreclosure defense Bar, as well as a few foreclosure defense activists who work closely with them. If Stern is worried about us injuring anything he needn’t be: like many in the judiciary, no doubt, the foreclosure defense Bar and their supporters and staff is exhausted by the work needed to clean up Stern’s mess to get especially rowdy. Besides, Stern is of course welcome to join us; nobody has ever met him despite defending thousands of cases filed by him. (If Stern cannot afford postage we can probably cover that too, if he’ll submit a signed and sworn financial affidavit, though we’d also like the use of the Bugatti for a day; we don’t want to drive it .. just have foreclosure defendants take their photo sitting in it; Stern can stand by to personally watch the car).
This solution would make sure all individuals and their counsel are noticed, at a cost Stern can surely afford — the use of his boat or second house — and would do so with little or no help needed from the already overworked Courthouse staff. If Stern doesn’t want to lend his boat or house for payment I’d suggest that a Court Order forcing him to do so might do wonders to make sure everybody is Noticed to the hearings, as required by law. If he fails to comply with the Court Order, I’d guess that the Sherriff’s office probably hasn’t been as busy lately with Writ’s of Possession for homeowners; they can instead serve a similar one on Stern.
While my offer is a little bit tongue-in-cheek — it is difficult to listen to Stern complain about money given how much he has (OK .. or had), and how little we have — it is very real. If you’d like to remain compliant to the FRCP, at no cost, please have a staff member call or email me and we’ll get on it right away.
Michael F. Olenick
Founder & CEO, Legalprise, Inc.
8805 1/2 South Dixie Highway
West Palm Beach, FL 33405