SC11-467 Referee's Report - Florida Supreme Court

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BLANCHI DUGATKIN a/k/a “Blanchi B. Dugatkin” a/k/a “Blanchi Bettina Dugatkin” a/k/a “Blanche Dugatkin” a/k/a “Blanche Bettina Dugatkin” a/k/a “Donna Stone”.
IN THE SUPREME COURT OF FLORIDA (Before a Referee)

THE FLORIDA BAR,

CASE NO. SC11-467

TFB CASE NO. 20112028(20) Petitioner v. STONE COLMAN & GONZALEZ, ARBITRATION, LLC, a Foreign Limited Liability Company a/k/a Stone Colman & Gonzalez, LLC f/k/a Stone Colman & Gonzalez, Inc., a dissolved Florida Corporation; BLANCHI DUGATKIN a/k/a “Blanchi B. Dugatkin” a/k/a “Blanchi Bettina Dugatkin” a/k/a “Blanche Dugatkin” a/k/a “Blanche Bettina Dugatkin” a/k/a “Donna Stone” a/k/a “Blanchi Stone” a/k/a “Blanchi B. Stone” a/k/a “Blanche Stone” a/k/a “Donna Comito” a/k/a “Blanchi B. Comito” a/k/a “Blanchi Bettina,” Individually and as a Managing Member of Stone Colman & Gonzalez, Arbitration, LLC a/k/a Stone Colman & Gonzalez, LLC f/k/a Stone Colman & Gonzalez, Inc; and WILLIAM DUGATKIN a/k/a “William Neil Dugatkin” a/k/a “William N. Dugatkin” a/k/a “William Colman,” Individually and as a Managing Member of Stone Colman & Gonzalez, Arbitration, LLC

a/k/a Stone Colman & Gonzalez, LLC f/k/a Stone Colman & Gonzalez, Inc. Respondents. ____________________________________________________/

REPORT OF THE REFEREE I.

SUMMARY OF PROCEEDINGS Pursuant to the undersigned being duly appointed as Referee to conduct

proceedings herein according to Rule 10-7.1(b)(6), Rules Regulating The Florida Bar, the following proceedings occurred: On March 9, 2011, Petitioner, The Florida Bar, filed a Petition Against the Unlicensed Practice of Law against Respondents STONE COLMAN & GONZALEZ, ARBITRATION, LLC, a/k/a Stone Colman & Gonzalez, LLC, f/k/a Stone Colman & Gonzalez, Inc., BLANCHI DUGATKIN a/k/a “Blanchi B. Dugatkin,” a/k/a “Blanchi Bettina Dugatkin,” a/k/a “Donna Stone,” a/k/a “Blanchi Stone,” “Blanchi B. Stone,” a/k/a “Blanchi B. Comito,” a/k/a “Blanchi Bettina,” and WILLIAM DUGATKIN, a/k/a “William Neil Dugatkin,” a/k/a “William N. Dugatkin,” a/k/a “William Colman” (“Respondents”). On March 31, 2011, the Supreme Court of Florida issued its Order to Show Cause to Respondents. Respondent STONE COLMAN & GONZALEZ, ARBITRATION, LLC was served with the Order to Show Cause on April 5, 2011. 2

Respondent STONE COLMAN & GONZALEZ, ARBITRATION, LLC was served with the Petition on April 27, 2011. Respondents BLANCHI DUGATKIN and WILLIAM DUGATKIN were served with the Order to Show Cause and Petition on April 15, 2011. Respondents, acting pro se, filed their Response to the Order to Show Cause on May 12, 2011. On August 1, 2011, the Supreme Court of Florida ordered the Chief Judge of the Twentieth Judicial Circuit of Florida to appoint a Referee to conduct the case. On August 9, 2011, the Honorable Jay B. Rosman, Chief Judge, appointed the undersigned as Referee. On August 23, 2011, Petitioner filed its First Request for Admissions to BLANCHI DUGATKIN and WILLIAM DUGATKIN.

On August 23, 2011,

Petitioner also filed its Notice of Serving First Set of Interrogatories to Respondents BLANCHI DUGATKIN and WILLIAM DUGATKIN. On September 6, 2011, the undersigned filed his Certificate of Referee. On September 6, 2011, the undersigned issued a Notice of Telephonic Pre-Trial Conference for September 30, 2011. On September 19, 2011, Respondents provided their Answers to Petitioner’s First Request for Admissions and their Answers to Petitioner’s First Set of Interrogatories to Respondents. On September 19, Petitioner filed its Notice of Filing Respondents’ Responses to Petitioner’s First Request for Admissions. On September 23, 2011, Respondents filed their Settlement Proposal. 3

On October 19, 2011, the undersigned issued an Order on Telephonic Pre-Trial Conference scheduling this matter for trial on December 19, 2011. The Case Management Order further ordered that all discovery be concluded by November 21, 2011 and that all motions would be heard on November 21, 2011. The Case Management Order noted that Respondents failed to appear at the September 30, 2011telephonic pre-trial conference. On October 20, 2011, Petitioner filed its Motion for Judicial Notice. On October 27, 2011, the undersigned issued an Order on Petitioner’s Motion for Judicial Notice. On October 27, 2011, Petitioner filed its Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment. On November 1, 2011, Petitioner filed its Notice of Telephonic Hearing on Petitioner’s Motion for Summary Judgment. On November 7, 2011, Respondents submitted to The Florida Bar by overnight delivery a cashier’s check for $12,000 “as settlement in full” of the instant case against Respondents. On November 21, 2011, a telephonic hearing on Petitioner’s Motion for Summary Judgment was held; Respondents failed to appear at the telephonic hearing. On November 30, 2011, Petitioner filed its Supplement to its Memorandum of Law in Support of its Motion for Summary Judgment and its Affidavit of Costs. The undersigned found that there was no genuine issues of material fact in this matter and 4

further found that the facts in this matter constituted clear and convincing evidence of unlicensed practice of law. Based on these findings, the undersigned entered an Order Granting Summary Judgment Against Respondents. On December 13, 2011, Respondents filed a Request to Close Case. On December 19, 2011, Respondents filed a Motion to Seal. On January 9, 2012, the undersigned filed a Response to Respondent’s Motion to Seal. All the aforementioned pleadings, attachments thereto, all other pleadings and filings filed with the undersigned Referee related to the proceedings of this case, and this Report, constitute the record in this case and are forwarded to the Supreme Court of Florida. II.

FINDINGS OF FACT AND CONCLUSIONS OF LAW A.

Jurisdictional Statement

Respondents, at all times material herein, were not and are not members of The Florida Bar, and were not therefore licensed to engage in the practice of law in the State of Florida. B.

Summary of allegations

A recitation of the material undisputed facts in this case is set forth in the Order Granting Petitioner’s Motion For Summary Judgment, which are adopted and incorporated herein by reference. 5

C. Findings of Fact and Conclusions Of Law The undersigned has made findings of fact and conclusions of law in the Order Granting Petitioner’s Motion for Summary Judgment, which are adopted and incorporated herein by reference. III.

RECOMMENDATIONS Based upon the foregoing findings of fact, it is the recommendation of the

undersigned Referee as follows: A.

That Respondents be found to have engaged in the unlicensed practice of

law in the State of Florida. B.

That Respondents be restrained and enjoined from engaging in the

following activities: 1. Drafting, signing or filing pleadings for another; 2. Appearing in court on behalf of another; 3. Expressly or impliedly holding themselves out to the public as attorneys or as capable of providing legal services in Florida; 4. Using a letter of authorization signed by the principal as a means to practice law; 5. Participating in mediations on behalf of a third party plaintiff;

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6. Corresponding with parties as the representative of another relative to a legal matter; 7. Giving advice regarding litigation and the settlement of disputes and by negotiating with a party to a lawsuit as the representative of another; 8. Holding themselves out to the public in such a manner that the public places some reliance on them to properly prepare legal documents or to properly handle a legal matter; 9. Giving advice and making decisions on behalf of another person that requires legal skill and a knowledge of the law greater than that possessed by the average citizen; 10. Filing suits in its own name to collect on a debt owed to a third party without having true and complete ownership of the debt; 11. Threatening opposing parties with filing litigation on behalf of a third party; and 12. Otherwise, directly or indirectly through other persons engaging in the practice of law in Florida or relating to Florida law unless and until Respondents are licensed to practice law in Florida. C.

That the costs of this proceeding be taxed against Respondents jointly and

severally. 7

D.

That Respondents be jointly and severally assessed a monetary penalty of

$10,537.65 payable to the Supreme Court of Florida. E.

That the monetary penalty of $10,537.65 assessed against Respondents be

deducted from the $12,000 cashier’s check no. 0055014164 dated November 14, 2011 submitted by Respondents to The Florida Bar as full settlement of this case. The Florida Bar will remit the $10,537.65 payment to the Supreme Court of Florida within 30 days of this Court’s final order in this action. VI.

STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED I find the following costs were reasonably incurred by The Florida Bar: 1. Investigator’s costs 2. Court Reporter costs 3. Research

$ 748.64 226.00 54.95

4. Process Server

220.00

5. Postage

149.76

6. Certified copies TOTAL

63.00 $1,462.35

It is recommended that such costs be charged to Respondents and deducted from the $12,000 cashier’s check no. 0055014164 dated November 14, 2011 submitted by 8

Respondents to The Florida Bar as full settlement of this case.

Dated this _______ day of ______________, 2012.

_____________________________ Peter A. Bell, Referee County Court Judge

CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing Report of the Referee has been e-filed to the Supreme Court of Florida and mailed by regular U.S. Mail to the Honorable Thomas D. Hall, Clerk, Supreme Court of Florida, Supreme Court Building, 500 S. Duval St., Tallahassee, FL 32399-1925, and that copies were mailed by regular U.S. Mail to Stone Colman & Gonzalez Arbitration, LLC, Respondent, at PO Box 231105, Las Vegas, NV, 89105; and 7399 Painted Mural Avenue, Las Vegas, NV 89179-1820; Blanchi Dugatkin, Respondent at 7399 Painted Mural Avenue, Las Vegas, NV 89179-1820; William Dugatkin, Respondent at 7399 Painted Mural Avenue, Las Vegas, NV 89179-1820; Maria L. Torres. Esq., Counsel for The Florida Bar at 4200 George J. Bean Parkway, Suite 2580, Tampa, FL 33607 and Lori S. Holcomb, Esq., UPL Counsel, at The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300 this _____ day of _________________, 2012.

_____________________________ Peter A. Bell, Referee County Court Judge

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