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The Court having heard the argument of counsel, having
reviewed the court file, and having been otherwise fully
advised in the premises, it is
ORDERED AND ADJUDGED:
1. That the plaintiff's Motion to Compel Discovery
against defendant Helmut Siewert filed January 5, 1979 is
moot with respect to Question Nos. 3 and 4 set forth in such
motion, and is denied with respect to Question Nos. 1, 2, and 5.
However, this is without prejudice to the plaintiff to ask the
defendant Siewert directly whether he retained counsel for the
meeting described in the deposition and who that counsel was.
Further, counsel for the plaintiff can ask Helmut Siewert
directly, either by deposition or by interrogatory, whether he
had knowledge of the existence of the second mortgage of
Realty Holding Corporation at the time of the alleged tendering
of the deed in lieu of foreclosure;
2. The plaintiff's Motion to Compel Answers to Interroga-
tories and to Compel Production of Documents against the
defendants Ft. Pierce Construction Company and Heller be and
hereby is granted and that such defendants shall have twenty (20)
days from the date of this Order in which to file the appropriate
response concerning the request for production and interrogatories.
I
The motion with respect to defendant Siewert is moot;
i
3. The plaintiff's Motion for Partial Summary Judgment
or in the Alternative Motion to Strike and Dismiss Usury Defenses
be and hereby is denied without prejudice.
4. The defendant Siewert's Objections to Supplemental
Request for Production, paragraph 3, served t4arch 28, 1979, be
and hereby is sustained;
= 5. The plaintiff's Motion to Compel Production against
} thC: defendant Helmut Siewert filed July 5, 1979 be and hereby
is denied;
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?K 318 ~a~E 2407