Exhibit Plaintiff's Motion to Reschedule Sale — USA v. Davis (Dkt. 66-4, E.D. Va.)

Record facts

U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 66-4 · 2025-06-10 · Docket on CourtListener

Full text

C29860/414909/26942913.v1 
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL 
CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 
GENERAL JURISDICTION DIVISION 
 
 
CAPTAIN'S PARADISE CONDOMINIUM, INC., A FLORIDA 
NOT FOR PROFIT CORPORATION, 
 
PLAINTIFF, 
 
V. 
 
ROGER BARRY DAVIS, ET AL.,  
 
DEFENDANTS. 
CASE NO. CACE-24-004632  
 
PLAINTIFF’S MOTION TO RESCHEDULE FORECLOSURE SALE AND MOTION TO 
DISBURSE THIRD PARTY BIDDER’S DEPOSIT TO PLAINTIFF 
 
Plaintiff, Captain's Paradise Condominium, Inc.  (the “Association”), a Florida not for profit 
corporation, moves this Honorable Court for an Order Rescheduling Foreclosure Sale, and in support hereof 
states: 
1. 
On or about January 11, 2025, the Court entered a Final Judgment of Foreclosure and issued 
a Notice of Sale for March 5, 2025. 
2. 
The foreclosure sale on March 5, 2025 did not take place as Defendant Barry Davis filed a 
Suggestion of Bankruptcy on or about March 4, 2025 (Case No. 25-12367). 
3. 
On March 28, 2025, Plaintiff filed a Motion to Reschedule Foreclosure Sale as Defendant, 
Roger Barry Davis’ bankruptcy was dismissed on March 24, 2025. 
4. 
On May 1, 2025, an order was entered granting Plaintiff’s Motion to Reschedule 
Foreclosure Sale and setting a new foreclosure sale for June 5, 2025. 
5. 
The Clerk of the Court conducted the foreclosure sale on June 5, 2025 and a third-party 
bidder placed the highest bid. 
6. 
The third-party bidder posted the (5%) deposit in the amount of $16,060.00 but failed to 
tender the remaining bid amount.   
7. 
Section 45.031(3), Florida Statutes, states in part, “[i]f final payment is not made within 
Filing # 224899580 E-Filed 06/10/2025 11:04:07 AM
Case 1:24-cr-00040-PTG     Document 66-4     Filed 06/10/25     Page 1 of 2 PageID# 372

CASE NO. CACE-24-004632  
PLAINTIFF’S MOTION TO RESCHEDULE FORECLOSURE SALE AND MOTION TO DISBURSE 
THIRD PARTY BIDDER’S DEPOSIT TO PLAINTIFF 
 
C29860/414909/26942913.v1 
the prescribed period, the clerk shall readvertise the sale as provided in this section and pay all costs of the 
sale from the deposit. Any remaining funds shall be applied toward the judgment.” 
8. 
Consequently, after payment of all applicable Clerk’s fees, the remaining deposit should be 
disbursed to the Plaintiff to be applied against the Association’s judgment.  
9. 
Further, the foreclosure sale should be rescheduled for the earliest possible date. 
WHEREFORE, Plaintiff, Captain’s Paradise Condominium, Inc., respectfully requests that the 
Court enter an Order re-scheduling the foreclosure sale and an Order directing the Clerk of Court to disburse 
the third-party bidder’s forfeited deposit in the amount of $16,060.00 minus any applicable Clerk’s fees, 
and for any other relief deemed appropriate 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY a copy of the foregoing was served by first class United States mail or e-
mail to Roger Barry Davis, 136 Golden Isles Drive, Apt. 202, Hallandale, FL 33009-8826, 
rogerlaw1@aol.com and Adam Supraski, Esq., Attorney for Louis A. Supraski, c/o Louis A. Supraski, P.A., 
16666 
N.E. 
19th 
Avenue, 
Suite 
113, 
Miami, 
FL 
33162, 
asupraski@supraskilaw.com; 
supraski@supraskilaw.com , on this 10th day of June, 2025. 
BECKER & POLIAKOFF, P.A. 
Attorneys for Plaintiff 
1 East Broward Blvd., Suite 1900 
Fort Lauderdale, FL 33301 
Phone: (954) 985-4102 
Fax: (954) 987-5940 
Primary email: cofoservicemail@beckerlawyers.com 
BY: ________________________________ 
K. Joy Mattingly 
Florida Bar #17391 
Case 1:24-cr-00040-PTG     Document 66-4     Filed 06/10/25     Page 2 of 2 PageID# 373

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