IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA U.S.

BANK NATIONAL ASSOCIATION, AS TRUSTEE OF MASTR ADJUSTABLE RATE MORTGAGE TRUST 2007-3, Plaintiff v. CARL M BILOTTI, et al. Defendants ____________________________________________ / EX-PARTE MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO COMPLY WITH THIS COURTS ORDER DATED OCTOBER 18, 2013 CIVIL DIVISION: CASE NO.: 50-2010CA023827

Intervener/Defendant Suzana Popescu, pursuant to Fla. R. of Civ. P. 1.420(b) and well established Florida law, files this Motion to Dismiss Plaintiffs Complaint for Failure to Comply with This Courts Order Dated October 18th, 2013 and in support thereof states:

1. Pursuant to an Order of this Court dated October 18, 2013, Plaintiff was required to file and serve its 2nd amended complaint no later than November 12, 2013. 2. Plaintiff failed to file its 2nd amended complaint by the due date. 3. Plaintiff failed to request an extension of time before the due date of November 12, 2013. 4. Over 5 weeks after the due date to file and serve its 2nd amended complaint, in a half-hearted effort to avoid dismissal, Plaintiff filed a Motion for Extension of time, requesting another 120 days to file its 2nd amended complaint! Plaintiffs Motion for Extension of Time did not demonstrate any cause for the delay.

5. Our Supreme Court made it clear that: if service of the summons and the complaint is not made in time and the plaintiff fails to demonstrate good cause for the delay the court must dismiss the action as to the unserved defendant. ... Legislative history provides only one example where an extension for good cause would be permissible specifically when the defendant intentionally evades service of process.. Half-hearted efforts by counsel to effect service of process prior to the deadline do not necessarily excuse a delay, even when dismissal results in the plaintiff's case being time-barred due to the fact that the statute of limitations on the plaintiff's cause of action has run. (emphasis added) Morales v. Sperry Rand Corp. 601 So.2d 538(Fla. 1992) 6. This is the second time that Plaintiff fails to serve its complaint and fails to show any cause for the delay. See Transcript, Page 5, line 15. 7. Pursuant to Florida Rules of Civil Procedure 1.420(b) Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any court order Plaintiff failed to comply with this court order dated October 18, 2013, therefore, dismissal is warranted. CONCLUSION Plaintiff disregarded the Court Order and the Rules of Civil Procedure twice without any explanation. As stated in the Florida Supreme Court case above, this court must dismiss Plaintiffs action. WHEREFORE, intervener/defendant Suzana Popescu moves this honorable Court to enter an Order dismissing Plaintiffs action and grant such other relief as it deems just and proper. Respectfully submitted by: _________________________ Suzana Popescu 10687 Versailles blvd Wellington, FL 33449

Tel: (561) 577-9246

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was forwarded to all parties on the Service List below, on December 23rd, 2013 by mail.

_________________________ Suzana Popescu 10687 Versailles blvd Wellington, FL 33449 Tel: (561) 577-9246

SERVICE LIST

CHOICE LEGAL GROUP, P.A 1800 N.W. 49th Street, Suite 120, Fort-Lauderdale, Florida 33309; Sergio Alvaro 6635 Houlton Cir, Lake Worth, FL 33467; Carl M. Bilotti 6635 Houlton Cir, Lake Worth, FL 33467; Lisa Bilotti 6635 Houlton Cir, Lake Worth, FL 33467; CITIFINANCIAL SERVICES, INC 1200 South Pine Island Road, Plantation, FL 33324; Thomas E Rossin, Esq. Attorney for Smith Dairy East Maintenance 16 Forum Place, STE 700, West Palm Beach, FL 33401 Journeys End Homeowners Association, Inc. 5580 NE Trieste Terr, Boca Raton, FL 33487; Suzana Popescu, 10687 Versailles Blvd, Wellington, FL 33449