On April 20, 2021 a Motion-Secondary was filed involving a dispute between Foster, Judy L , and Narain, Sookrani , for 3 in the District Court of Broward County.
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Case Number: CACE-21-008005 Division: 02 Filing # 125293357 E-Filed 04/20/2021 07:03:02 PM IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.: 11-61073 JUDY L. FOSTER, et. al. Plaintiffs, vs. NATIONS FUNDING SOURCE, INC., et. al. Defendants. / DECLARATION OF SATTIE NARAIN IN SUPPORT OF HER MOTION TO VACATE DEFAULT JUDGMENT Pursuant to pursuant to 28 U.S.C. § 1746, I, Sattie Narain, declare under penalty of perjury that the following is true and correct: 1 My name is Sattie Narain. 2 I am a Defendant in the above-captioned case. This Affidavit is based upon my personal knowledge of the facts contained herein. 3 I submit this Declaration in support of my Motion to Vacate Default Final Judgment as to Supplemental Complaint for Impleader. 4 This case was initiated in 2011, and I have actively participated in the case from the outset, for the most part representing myself. On some occasions, I even tried participating in the litigation on behalf of my corporation, Nations Funding Source. 5 I was dismissed as a defendant from this action in June of 2012. 6. In February of 2015, the Plaintiff moved to reopen the case and proceed against me in supplementary proceedings, which was denied by this Court in August 2015. ‘o00001/01222988_ 1 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/20/2021 07:02:53 PM.**** 7 An appeal was taken by the Plaintiff and in May of 2016, the Eleventh Circuit vacated the order denying the motion to bring supplementary proceedings against me. 8. On April 26, 2017, the Plaintiff filed a Motion for an Order to Show Cause why Final Judgment should not be entered against me. I responded in Opposition to the Motion. 9. At this point, the litigation and appeal had been pending for six years, and I had always responded and participated within the case. 10. However, I have recently learned that on March 29, 2018, almost a year from when I filed my Opposition, this Court entered an Order denying Plaintiff's Motion for Order to Show Cause and requiring that I file an Answer to Plaintiff's Supplemental Complaint by April 20, 2018. 11. I never received the Order requiring that I file an Answer and I was completely unaware that there was any activity in this case after I filed my Opposition. 12. Had I known that the Court had set a deadline to file an Answer, I would have complied and filed an Answer, maintaining the same position I have kept throughout this case. 13. Since my father’s passing in 2016, I had been making many commutes to and from Orlando to take care of my mother who had many health issues. Because of this, I listed my Lauderdale-By-The-Sea mixed use Building where I lived on the market, but it did not immediately sell. 14. On or about July 17, 2017, my mother was taken to the emergency room where was admitted with diverticulitis. Her situation was severe, and her infection had to be treated before they attempted to drain it, with hopes that the drainage would take care of the problem. She was in the hospital for 7 days, therefore I had to stay with her. When I was not at the hospital, I had to arrange with other family members to stay with her. ‘000001/01222988_1 15. We found out in November 2017 that the drainage did not work and that the affected area was the size of a baseball. She then had emergency surgery, where they had to remove part of her colon and connect it somehow and see if she would get better. She did get better however, and I stayed with her for another 6 months or so. 16. Despite my constant commutes back and forth from Orlando and the period of time I was acting as a live-in caretaker for my mother, as far as I know I was still receiving all mail at my Lauderdale by the Sea address. My husband was in the office of the building and forwarded all important mail during this time. 17. I do not know why I never received a copy of the Court’s Order denying the Motion for Order to Show Cause requiring me to file an Answer. The Order either never made it to my Lauderdale-by-the-Sea address or was inadvertently lost while me and my family were dealing with my mother’s serious medical issues and my constant commutes to Orlando. 18. I sold by Lauderdale by the Sea Building in September of 2018, and have been permanently relocated in Central Florida since. 19. I have spent the majority of 2016, 2017, and 2018 either in Orlando or commuting back and forth until my husband and I finally moved in September 2018. 20. Prior to September 2018, the Lauderdale-By-The-Sea building address was the correct address where I received all of my mail. 21. T have recently learned that on July 9, 2018, the Plaintiff filed a renewed Motion for Default as I had missed filing an Answer pursuant to this Court’s deadline. I also did not receive this motion. (000001/01222988_1 22. I have not received any documents in this case since I filed my opposition to the Motion for Order to Show Cause, was completely unaware of having missed any deadlines in this case, and believed the case was over. 23. I have recently learned that a Final Default Judgment was entered against me on March 25, 2019. I did not receive notification of this judgment. 24. In fact, I only learned of the entry of the default judgment after I did a public records search on myself for an unrelated reason on November 12"" 2019 25. The Plaintiff acknowledged that I was not served with the Renewed Motion for Entry of Default or a subsequent Notice of 90 Days Expiration in its Notice to the Court that mail was returned to the Plaintiff's law firm’s office. The Plaintiff apologized for not brining the Notice of returned mail to Court’s attention sooner, but does not provide an explanation why. 26. Had I known that the Plaintiffs had filed a Motion for a Default Judgment against me premised on me missing the deadline to file an Answer, I would have immediately files an Answer, filed an opposition to the Plaintiffs motion, and continued to maintain the same position I have kept throughout this case. 1 affirm, under the penalties for perjury, that the foregoing representations are true. Dated: December _& » 2019. SATIRE NARAIN ‘000002/02222988_1
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