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IN
THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR
LEE
COUNTY FLORIDA SMALL
CLAIMS ACTION
ALAN
SCHLEIFER,
Plaintiff
Case # 06SC 002574
VS.
RONALD
DIETZ,
Defendant
___________________________________________________________
ALAN SCHLEIFER, being duly sworn, deposes and says:
I am the Plaintiff, herein and am fully
familiar with the facts and circumstances herein.
A stipulation of settlement was entered
into herein, a copy of which is annexed hereto, which required the
Defendant to issue an apology as stated in said stipulation and
communicate same in the Island Club Newsletter to all past and present
members of the Island Club Homeowner’s Association, this he failed to
do.
The Defendant, Ronald Dietz, failed to
comply with the stipulation of settlement entered herein in that he
failed to communicate the apology as required by the stipulation.
Instead, there appeared an unsigned article in the Island Club
Homeowner’s Association Newsletter, a copy of which is annexed hereto,
which falsely states that the defendant reached a settlement with the
plaintiff on behalf of the Island Club Homeowner’s Association.
The article is merely an article and contains a statement which
is not an apology attributed to the Defendant as required by the
stipulation.
Furthermore I have inquired of past
homeowners and present members of the Association who are presently
residing out of the State of Florida and they have advised me that they
did not receive any apology or any communication from the Defendant
regarding the settlement.
Wherefore Plaintiff requests that
judgment be entered against the Defendant, RONALD DIETZ, in the sum of
$5,000.00 as originally demanded.
____________________________
ALAN SCHLEIFER
Sworn
to before me this 30th
day
of August, 2006
Notary
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