IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

ALESCO FINANCIAL, INC. f/k/a SUNSET FINANCIAL RESOURCES, INC., a Maryland corporation, Movant, v. CASE NO. 3:07-cv-00032-12HTS ANTHONY R. PORTER, an individual, DOROTHY M. PORTER, an individual, FRANK AMELUNG, an individual, EUGENIA AMELUNG, an individual, and RICHARD AMELUNG, an individual,

Respondents. / ALESCO FINANCIAL INC., a Maryland corporation, Plaintiff, v. FRANK A. AMELUNG and EUGENIA M. AMELUNG, Trustees under the Amelung Family Revocable Trust dated December 14, 2005, Defendant. /

JUDGMENT CREDITOR ALESCO FINANCIAL INC.’S RESPONSE TO MOTION OF RESPONDENTS FRANK AMELUNG,

EUGENIA AMELUNG AND RICHARD AMELUNG FOR ENLARGEMENT OF TIME TO RESPOND TO INTERROGATORIES

COMES NOW Plaintiff ALESCO FINANCIAL INC. (hereinafter “Alesco”), by

and through its undersigned counsel, and hereby responds to the Motion of Respondents

Frank Amelung, Eugenia Amelung and Richard Amelung for Enlargement of Time to

Respond to Interrogatories as follows.

1. Alesco Financial Inc. is the judgment creditor named under and is the

current holder of a judgment entered in this cause on March 29, 2007, against the

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judgment debtors Frank A. Amelung, Eugenia M. Amelung, Richard Amelung, Dorothy

Porter and Anthony Porter in the principal amount of $13,060,614.63 (hereinafter the

“Judgment”). Alesco Financial Inc. is the holder of the March 29, 2007, judgment.

2. The Judgment referred to in Paragraph 1 above remains unsatisfied and is

not currently the subject of an appeal or of a motion for reconsideration which would stay

the Judgment.

3. As correctly noted by the Judgment Debtors, the Interrogatories in Aid of

Execution were served on the Judgment Debtors, through counsel, on May 25, 2007.

4. Alesco Financial Inc. objects to the Motion for Enlargement and respect-

fully requests the entry of an Order denying the Motion and directing the service of the

Judgment Debtors’ responses to those Interrogatories.

MEMORANDUM OF LAW

Alesco Financial Inc. respectfully requests that the Judgment Debtors motion for

enlargement be denied. Alesco Financial Inc. reasonably believes that Alesco Financial

Inc. will be prejudiced in its efforts and/or ability to collect on the subject judgment if

delay is encountered in the discovery process employed by Alesco Financial Inc. to

identify assets subject to levy and execution on the Judgment and, therefore, respectfully

requests that the Court, in the exercise of its discretion, deny the Judgment Debtors’

Motion. See Demint v. NationsBank Corp., 208 F.R.D. 639 (M.D. Fla. 2002); see also

Fisher v. Office of the State Attorney 13th Judicial Circuit Florida, 162 Fed. Appx. 937

(11th Cir. 2006).

Alesco Financial Inc. has learned, through independent investigation, that the

Judgment Debtors have made transfers of personal assets which, upon information and

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belief, were made for the purpose of hindering, delaying or defrauding Alesco Financial

Inc. in the collection of the Judgment1. Attached to this response as Exhibits A is a copy

of a Warranty Deed which was recorded a mere twelve days after the Judgment was

entered in which the judgment creditors Eugenia M. Amelung and Frank A. Amelung

transferred their interest in a parcel of real property formerly owned by Eugenia M.

Amelung in Marathon, Florida to the Amelung Revocable Family Trust dated as of

December 14, 2005. To that extent, the Judgment Debtors’ suggestion in the Motion that

the requested extension will not adversely affect any party is disingenuous. Alesco

Financial Inc. fears that if additional time is granted to the Judgment Debtors to respond

to the interrogatories that the Judgment Debtors will continue to make transfers of per-

sonal assets for purposes of hindering Alesco Financial Inc.’s ability to collect on the

judgment.

It is particularly telling that the Judgment Debtors have confirmed that draft

responses have been prepared with the information on hand yet have not served those

responses on Alesco Financial Inc.’s counsel and apparently are seeking to withhold

those responses for the additional thirty days requested in the Motion. Moreover, the

Judgment Debtors have failed to allege that no other reasonable means of obtaining the

information needed to prepare their respective responses to the interrogatories exist, such

as through resort to records maintained by the Judgment Debtors’ personal accountants or

attorneys, to warrant the requested enlargement of time to respond.

1 While Alesco Financial Inc. believes that the Judgment Debtors are taking these actions for the actual purpose of hindering, delaying or defrauding Alesco Financial Inc.’s ability to collect on the subject judgment, Alesco Financial Inc. has no reason to believe that counsel for the Judgment Debtors is participating in those transfers or that he is even aware of the Judgment Debtors having undertaken such transfers.

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Alesco Financial Inc. notes that Fed. R. Civ. P. 26(e) itself provides a mechanism

which contemplates service of discovery responses with the best information on hand at

the time and with the responding party to have the option of later supplementing those

responses as additional information becomes available.

For each of the foregoing reasons, Alesco Financial Inc. requests that the Judg-

ment Debtors’ Motion for Enlargement be denied.

WHEREFORE, Alesco Financial Inc. respectfully requests the entry of an Order

denying the Judgment Debtors’ Motion for Enlargement of Time to Respond to Inter-

rogatories and directing the service of a response within three days of the date of the

entry of such Order.

RESPECTFULLY SUBMITTED this 26th day of June, 2007.

MOSELEY, PRICHARD, PARRISH, KNIGHT & JONES /s Eric L. Hearn Eric L. Hearn Florida Bar No. 0094269 501 W. Bay Street Jacksonville, Florida 32202 (904) 356-1306; (904) 354-0194 (facsimile)

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CERTIFICATE OF SERVICE

I certify that on June 26, 2007, I electronically filed the foregoing response to Respondents’ motion for enlargement of time with the Clerk of the Court by using the CM/ECF filing system, which will send a notice of electronic filing to the following counsel of record: John Barber MacDonald Akerman Senterfitt 50 N. Laura St., Suite 2500 Jacksonville, FL 32202

/s Eric L. Hearn Eric L. Hearn, Attorney

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