Receiver's Motion for Default Judgment

Case 9:09-cv-81226-DTKH Document 32 Entered on FLSD Docket 09/10/2010 Page 2 of 5DISCUSSION3. This is an action brought by the court appointed Receiver to collect amounts duethe Receivership Estate from the Defendants (the “Amended Complaint”) [DE 5-2]. This actionis ancillary to the main proceeding Securities and Exchange Commission v. Creative CapitalConsortium, LLC, et al., Case No. 08-81565-CIV-Hurley/Hopkins, pending in the United StatesDistrict Court, Southern District of Florida.4. In the Complaint, the Receiver seeks to avoid and recover alleged transfers madeby the Receivership Entities and/or their alter ego, George Theodule, (collectively “theReceivership Transferors”) to the Defendants pursuant to the Florida Uniform FraudulentTransfer Act (“FUFTA”). The alleged transfers (the “Transfers”) were made to the individualDefendants, both residing in Florida, and to the corporate Defendant, a Florida limited liabilitycompany with its principal place of business in Winter Garden, Florida.5. The Receiver seeks avoidance and recovery of the alleged Transfers underFUFTA based upon alternating theories of actual fraud and constructive fraud. With respect toactual fraud, the alleged Transfers were made by the Receivership Entities with the actual intentto hinder, delay, or defraud creditors. With respect to constructive fraud, the alleged Transferswere made by the Receivership Transferors for less than reasonably equivalent value at a timewhen the Receivership Transferors were insolvent.6. In the alternative, the alleged Transfers are recoverable against the Defendantsbased upon the equitable theories of unjust enrichment and constructive trust. Namely, that theReceivership Transferors conferred an unearned benefit upon the Defendants which should nowbe disgorged.7. The Receivership Transferors caused the alleged Transfers to be made to the2

Case 9:09-cv-81226-DTKH Document 32 Entered on FLSD Docket 09/10/2010 Page 3 of 5Defendants in the amounts and on the dates identified in the Receiver’s Affidavit, attachedhereto as Exhibit “A.”8. The Clerk of Courts for the United States District Court for the Southern Districtof Florida has entered a default against each of the Defendants for failure to appear or otherwisedefend. By the default, each of the Defendants admits the well-plead allegations of fact andliability in the Amended Complaint. See Miller v. Paradise of Port Richey, Inc., 75 F. Supp. 2d1342, 1346 (M.D. Fla. 1999), citing Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1988).DAMAGES9. In the instant case, the Receiver’s claim for damages is the amount of thefraudulent transfers or $207,000.00. In support of the damages alleged in the AmendedComplaint, the Receiver has submitted evidence in the form of an affidavit and, therefore, ahearing is not necessary to support the Receiver’s request for damages. See Exhibit “A.” Seealso Fed. R. Civ. P. 55(b)(2), and Transatlantic Marine Claims Agency, Inc. v. Ace ShippingCorp., 109 F.3d 105, 111 (2d Cir. 1997) (“it [is] not necessary for the district court to hold ahearing, as long as it ensured that there was a basis for the damages specified in the defaultjudgment”).9. Accordingly, based on the foregoing, the Receiver requests that the Court enterfinal judgment in favor of the Receiver and against the Defendants Development Funding andServices, LLC, Daniel Lavan Jr., and Carolyn Lavan, jointly and severally, in the amount of$207,000.00. A proposed Final Judgment is attached hereto as Exhibit “B.”WHEREFORE, based upon the foregoing, the Receiver, Jonathan E. Perlman, Esq.respectfully requests that this Court enter a final default judgment against the DefendantsDevelopment Funding and Services, LLC, Daniel Lavan Jr., and Carolyn Lavan.3

Case 9:09-cv-81226-DTKH Document 32 Entered on FLSD Docket 09/10/2010 Page 4 of 5Dated: September 10, 2010Miami, FloridaRespectfully submitted,By: s/ David P. LemoieDavid C. CimoFlorida Bar No.: 775400dcimo@gjb-law.comDavid P. LemoieFlorida Bar No.: 188311dlemoie@gjb-law.comGENOVESE JOBLOVE & BATTISTA, P.A.4400 Miami Tower100 Southeast Second StreetMiami, Florida 33131Tel: (305) 349-2300Fax: (305) 349-2310Attorneys for ReceiverJonathan E. Perlman, Esq.CERTIFICATE OF SERVICEI hereby certify that on September 10, 2010, the foregoing document was electronicallyfiled with the Clerk of the Court using CM/ECF. I also certify that the foregoing document isbeing served this day on all counsel of record identified on the attached Service List in themanner specified, either via transmission of Notices of Electronic Filing generated by CM/ECFor in some other authorized manner for those counsel or parties who are not authorized to receiveelectronically Notices of Electronic Filing.s/ David P. LemoieDavid P. Lemoie4

Case 9:09-cv-81226-DTKH Document 32 Entered on FLSD Docket 09/10/2010 Page 5 of 5SERVICE LISTJONATHAN E. PERLMAN, ESQ., as court appointed Receiver of Creative CapitalConsortium, LLC, et al. v. DEVELOPMENT FUNDING AND SERVICES, LLC,DANIEL LAVAN, JR. and CAROLYN LAVANCASE NO. 09-81226-Civ-Hurley/HopkinsUnited States District Court, Southern District of FloridaDavid C. Cimo, Esq.dcimo@gjb-law.comDavid P. Lemoie, Esq.dlemoie@gjb-law.comGENOVESE JOBLOVE & BATTISTA, P.A.Miami Tower, 44th Floor100 Southeast Second StreetMiami, FL 33131Telephone: (305) 349-2300Facsimile: (305) 349-2310Attorneys for the Receiver Jonathan E. Perlman, Esq.Via CM/ECFEarnest DeLoach, Esq.earnest@deloachlaw.comDeLoach Law LLC37 North Orange Avenue, Suite 500Orlando, Florida 32801Telephone: (407) 926-4037Facsimile: (407) 926-4051Attorney for Defendants Development Funding & Services, LLC,Daniel Lavan, Jr., and Carolyn LavanVia CM/ECF5

Case 9:09-cv-81226-DTKH Document 32-1Entered on FLSD Docket 09/10/2010 Page 1 of32































Case 9:09-cv-81226-DTKH Document 32-2 Entered on FLSD Docket 09/10/2010 Page 1 of 4EXHIBIT B1

Case 9:09-cv-81226-DTKH Document 32-2 Entered on FLSD Docket 09/10/2010 Page 2 of 4JONATHAN E. PERLMAN, Esq., as courtappointed Receiver of Creative CapitalConsortium, LLC, et al.,UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA(WEST PALM BEACH DIVISION)CASE NO. 09-81226-CIV- HURLEYv.Plaintiff,DEVELOPMENT FUNDING ANDSERVICES, LLC, DANIEL LAVAN, JR. andCAROLYN LAVAN,Defendants.__________________________________/FINAL DEFAULT JUDGMENTTHIS CAUSE is before the Court on Plaintiff’s Motion for Entry of Final DefaultJudgment. Having considered the Motion and the file in this action, and good cause appearing, itis ORDERED AND ADJUDGED that:1. FINAL DEFAULT JUDGMENT is entered against Defendants, DevelopmentFunding and Services, LLC, Daniel Lavan Jr., and Carolyn Lavan, jointly andseverally, and in favor of the Receiver in the sum of $207,000.00, for which letexecution issue forthwith. Post-judgment interest shall accrue at the current legalrate allowed under 28 U.S.C. ' 1961 as of the date of this Final Default Judgmentuntil this judgment is satisfied.2. In accordance with Section 55.10(1) of the Florida Statutes, the address of thePlaintiff is:2

Case 9:09-cv-81226-DTKH Document 32-2 Entered on FLSD Docket 09/10/2010 Page 3 of 4Jonathan E. Perlman, Esq., ReceiverGenovese Joblove & Battista, P.A.100 S.E. Second Street, 44th FloorMiami, Florida 33131David C. Cimo, Esq.Counsel for the ReceiverGenovese Joblove & Battista, P.A.100 S.E. Second Street, 44th FloorMiami, Florida 331313. In accordance with Section 55.01(2) of the Florida Statutes, the address and socialsecurity number or tax identification number for the Defendants are as follows:Development Funding & Services, LLCDaniel L. Lavan, Registered Agent13750 W. Colonial Drive, Suite 350-156Winter Garden, FLFEIN: 331215601Daniel Lavan Jr.1432 Marble Crest WayWinter Garden, FL 34787SSN: 262-49-xxxxCarolyn Lavan1432 Marble Crest WayWinter Garden, FL 34787SSN: 261-29-xxxx4. The Court reserves jurisdiction to award the Plaintiff its reasonable attorneys’ feesand costs incurred in connection with bringing and prosecuting this action againstDefendants.5. The Court further reserves jurisdiction over this cause and the parties hereto toaward Plaintiff its reasonable attorneys’ fees and costs incurred in enforcing thisFinal Default Judgment and to enter any other and further orders for postjudgmentrelief as may be appropriate.3

Case 9:09-cv-81226-DTKH Document 32-2 Entered on FLSD Docket 09/10/2010 Page 4 of 4DONE and ORDERED in Chambers at West Palm Beach, Florida this ____ day of____________, 2010 in the Southern District of Florida._________________________________DANIEL T.K. HURLEYUNITED STATES DISTRICT COURT JUDGE4

Case 9:09-cv-81226-DTKH Document 32-3 Entered on FLSD Docket 09/10/2010 Page 1 of 1JONATHAN E. PERLMAN, Esq., as courtappointed Receiver of Creative CapitalConsortium, LLC, et al.,UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA(WEST PALM BEACH DIVISION)CASE NO. 09-81226-CIV- HURLEYv.Plaintiff,DEVELOPMENT FUNDING ANDSERVICES, LLC, DANIEL LAVAN, JR. andCAROLYN LAVAN,Defendants.__________________________________/ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENTTHIS CAUSE is before the Court on the Receiver’s Motion for Entry of DefaultJudgment against Development Funding and Services, LLC, Daniel Lavan Jr., and CarolynLavan [DE ___]. Having considered the Motion and the file in this action, and good causeappearing, it is ORDERED AND ADJUDGED that:1. The Receiver’s Motion for Entry of Default Judgment [DE ___ ] is GRANTED.Pursuant to Fed. R.Civ.P.58, the court will enter default judgment in favor of theReceiver by separate order.DONE and ORDERED in chambers at West Palm Beach, Florida, this ____ day of__________________, 2010._______________________________________DANIEL T.K. HURLEYUnited States District Court Judge1

Receiver's Motion for Default Judgment

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