Subject: Notes
From: "Dieter, Austin" <[email-masked]>
To: "Bauer, Nick" <[email-masked]>, "Crystal, Andy" <[email-masked]>
Date: Fri, 20 May 2016 19:00:48 -0700

Here are my notes other than the ones I have on the class action.

FL - BROWARD COUNTY, FL - 2007 - GARY DEAR PLAINTIFF VS. SB HOTEL ASSOCIATES LLC, ET AL DEFENDANT - NO. 07-04005-09

This case was brought against only SB Hotel originally. Trump was not added to the Defendants until the Third Amended Complaint. Main complaint in this case was that Plaintiff should get their deposit on a condo back because SB amended the condo documents after Plaintiff signed, without their knowledge.

Case was brought because Defendant alleged SB amended condo documents in 2006 without Plaintiffs knowledge, and refused to return deposit of $363k when Defendant terminated contract In Nov. 2006[Vol 1, p.6]

  *   Changes included changing the percentage share of ownership in common elements of Trump Tower, what the common elements were, parking assignments, deposits for damages during move-in, and the requirements for changing condo docs by vote. [Vol 1, p.6]

Defendant never signed the amended version of the contract [Vol 1, p. 89]

May 2007: default judgment on default filed granting plaintiff to $363k and 7% interest and attorney's fees, but default judgment was reversed. [Vol.1, p. 194]

  *   Judgment was entered because attorneys for Defendant missed a deadline.

Articles of Incorp. For SB Hotels show the Secretary/Treasurer of SB Hotels Jody Kriss had Trump Tower listed as address [Vol. 2, p. 189]

SB Hotel Fort Lauderdale prospectus: "Purchaser understands and agrees that the Hotel Unit Owner intends to retain Trump Florida Management LLC as the intial Hotel Manager and to obtain a limited license agreement from Donald J. Trump to operate the hotel under the tradename "Trump International hotel & Tower Fort Lauderdale." [Vol. 3, p. 42]

2009: Amended 20-Day Summons sent to Donald J. Trump as The Trump Organization and Donald J. Trump are added as Defendants. [Vol. 4, p.8]

Third Amended Complaint: "The Prospectus and Promotional Materials represented that Trump Tower as being developed by celebrity real-estate mogul Donald J. Trump and his company, the Trump Organization." [Vol 4, p. 35]

Third Amended Complaint argues that for the individual units to be economically feasible, the hotel had to exist, and that contracts were an investment in common enterprise and that the contract was an investment contract and Trump violated SEC. [Vol 4, p. 35]

April 2009: Trump attorney wrote "The condominium building is now complete." [Vol. 5, p. 43]

Last filed doc we have is Trump's motion to dismiss third amended complaint. [Vol 5, p. 43]

FL - BROWARD COUNTY, FL - 2009 - JAMES K OPPENHEIMER PLAINTIFF VS. SB HOTEL ASSOC LLC, ET AL DEFENDANT - NO. 09-40812

This case was voluntarily dismissed by Plaintiff Oppenheimer, but included a letter to buyers signed by Trump calling the property his latest development. The same document appears as an exhibit in many of the other cases.

Case was voluntarily dismissed

Complaint: "unexplained delays on the construction site pushed the completion date for the project well past the 2007 date promised to buyers, as well as through 2008 and much of 2009" [p. 76]

Complaint: Owners were only able to occupy their units if the hotel opened [p. 77]

Exhibit A is a letter to buyers from Trump about buying Trump's "latest development" [p. 93]

FL - BROWARD COUNTY, FL - 2009 - MICHEAL POULS PLAINTIFF VS. SB HOTEL ASSOCIATES LLC, ET AL DEFENDANT

Voluntary dismissal

FL - BROWARD COUNTY, FL - 2010 - MICHAEL POULS V. SB HOTEL ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY

Voluntarily Dismissal

FL - BROWARD COUNTY, FL - 2011 - ADEHAM GANY RAMDJAN V. SB HOTEL ASSOCIATES LLC

Voluntarily Dismissal

FL - BROWARD COUNTY, FL - 2012 - DEER VALLEY REALTY INC PLAINTIFF VS. SB HOTEL ASSN LLC, ET AL DEFENDANT - CASE 12-10560

This suit was the first that I saw to mention that SB was created by Trump, Stillman, Bayrock together (this was known by us but not mentioned explicitly in others). This suit went into detail about the May 2009 letter sent to condo buyers telling them they had two weeks to close on their purchases. At the time, the condos were not ready for occupancy, and the letter also informed buyers that the Trump name was in jeopardy, if less than 50% closed the deal was cancelled, and no one could move in if the hotel didn't open. This suit also included a Title to the Property that said the Developers would not be held liable if units developed mold or mycotoxins.

Case was moved to complex litigation division. [6, p. 9]

"Defendants Trump, TO, Trump Florida, Stillman, and Bayrock formed a joint venture for the purpose of developing the project. In October 2004, through newly formed SB Hotel Associates LLC, they acquired the land where the project is located. Shortly thereafter, they submitted building plans to the City of Fort Lauderdale for approval. On February 15, 2005, the City commission approved the plans for the project." [6, p. 13]

Purchasers of units were limited to staying in it for the maximum of 90 days per year and no more than 30 days at a time and this deed restriction was not originally told to purchasers. [6, p. 20]

"As of the date of this complaint, there is an unfinished, vacant building occupying the project site. There is neither a hotel nor a condominium in existence." [6, p.21]

"No declaration of condominium has been recorded in the public records of Broward County, which is a statutory and contractual prerequisite to completion and closing on the sale of any condo hotel units to the purchasers. It is clear that the May 13, 2009 'closing' letter was mailed to purchasers, including Plaintiff, without the declaration of condominium having been recorded. The condo hotel units was never tendered to Plaintiff for closing." [6, p. 23]

"Moreover, while Plaintiff were sent sham closing letters in May 2009, it is now 2012 and the condominium hotel has not been completed and no closings have taken place." [6, p. 30]

Exhibit F is an email from Stillman Development in March 2009 acknowledging funding problems and saying they are unsure how they will proceed. [6, p. 60]

Exhibit G is a letter from SB Hotels Assocites to Trilogy Properties saying that the condo is complete, and furniture is in rooms from May 2009. [6, p.62]

[Exhibit K, Title to the Property and Land Use, 13, p. 139]

FL - BROWARD COUNTY, FL - 2013 - JOHN TAGLIER, AN INDIVIDUAL V. SB HOTEL ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY COMPANY - CASE 08-35643

Joint stipulation for dismissal with prejudice between Plaintiff and Defendant Corus Construction Venture LLC was filed.

  *   This was the only thing we had.

FL - BROWARD COUNTY, FL - 2014 - MATTHEW ABERCROMBIE, ET AL. V. SB HOTEL ASSOCIATES LLC, A DELAWARE LIMITED LIABILITY COMPANY

Order of Dismissal with Prejudice between Plaintiffs and Donald J. Trump is the only document we have. Recorded 7/8/14.