Preview
Filing# 171385782 E-Filed 04/19/2023 10:17:32 PM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
COMPLEX BUSINESS DIVISION
CASE NO.. CACE-21-16240
STRIKE X LLC,
Plaintiff.
V
THE VILLAGE AT GULFSTREAM
PARK, LLC, A Delaware Limited
Company,
Liability GULFSTREAM
PARK RACING ASSOCIATION, INC.,
A Florida Corporation,AND BELINDA
STRONACH, an Individual,
Defendants.
i
DEFENDANTS' MOTION TO COMPEL AND TO SET HEARING FOR
DEFENDANTS' MOTION TO DISMISS ON MAY 5.2023
Defendants the Village at Gulfstream Park, LLC, Gulfstream Park Racing Association,
Inc.,and Belinda Stronach, individually
("Defendants"),by and through its undersignedcounsel,
moves for the entry of an order settingthe evidentiaryhearing on Defendants' Motion to Dismiss
on May 5,2023, and compelling Plaintiff,
Strike X, LLC to appear on that date,and
("Plaintiff')
states:
1. Defendants seek Court intervention to Order the scheduling of Defendants
evidentiaryhearingon its motion to dismiss for,among other things,lack of personaljurisdiction.
The Court has offered May 5,2023, as an option,but just like in the last seven dates offered by
the Court, Plaintiff has declined to agree on the date. What makes this occasion different from the
others is that Plaintiff earlier said the date was available. The date is already reserved for the
depositionofthe Plaintiff (by an agreement reached more than a month ago) and which deposition
ACTIVE 686913913v2
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2023 10:17:32 PM.****
Plaintiffhas never indicated a conflict. This hearingwas previouslyset for April 17,2023 but was
postponed on the basis of a needed medical procedure.Defendants surelyunderstood that the
health of the partiestakes precedent,but now after seven dates offered and rejected,Plaintiff is
stonewallingand that is not fair.
2. re-set the hearing,the Courts Judicial Assistant Ms.
In an effort to expeditiously
Prieto went above and beyond to provide the partieswith seven dates of availability:
April 24,
April25, April 26, April 27, May 2, May 4, and May 5. Plaintiff rejectedall seven dates despite
that it had previously confirmed May 5,2023, for Plaintiffs deposition.
3 Mr. Aybar, Plaintiff's paralegalconfirmed Plaintiff's for
availability May 5,2023,
in writingon March 24,2023. A true and correct copy ofthis email correspondenceis attached as
Exhibit A. Additionally,Robert Zarco told counsel this evening that he wasn't aware of a conflict
but nevertheless could not agree to the date without further discussions with his staff.
4. Because this date was reserved for the deposition of Plaintiff's corporate
which has been noticed since March 27,2023, for a live and in person deposition
representative,
at the offices of Greenberg Traurig located at 333 SE 2ind Avenue, Suite 4400, Miami, Florida
33131, it is not credible that the hearingcannot take the place ofthe depositionwith the deposition
occurring immediately thereafter. A true and correct copy of the Notice of Deposition is attached
as Exhibit B.
5. Given the importance of this hearing,Defendants are willingto reschedule the
deposition,but now Plaintiff claims to be unavailable and allegesthat Counsel Robert Zarco and
Robert Salkowski are both "travelingon May 5." A true and correct copy of this email
correspondenceis attached as Exhibit C.
2
6. It is critical that this hearing occur on May 5,2023, because Ms. Prieto,advised
both partiesthat the Court begins back-to-back trials commencing on May 8,2023, so there will
be no availability
for this three-hour evidentiaryhearing until July at the earliest.
7. Delaying this hearing for an additional three months is highly prejudicialto
Defendants. Defendants have been attemptingto set its Motion to Dismiss since October of 2022-
six months ago!1
8. After two amendments to the complaint,the Plaintiff has not plead a prima facie
over Ms. Stronach, who
case for personaljurisdiction is the ultimate owner ofthe Gulfstream Park
racingvenue and related facilities. She is domiciled in Toronto, Canada. But beyond that,without
hearing the motion to dismiss, this case remains in limbo as it cannot become at issue until
"any motions directed to the last pleading served have been disposed of or, if no such motions are
served,20 days after service of the last pleading."See Fla. R. Civ. P. 1.440.
WHEREFORE, request entry of an order (a)setting
Defendants respectfully the three-
hour evidentiaryhearing on Defendants' Motion to Dismiss the Third Amended Complaint for
May 5,2023; (b)compelling Plaintiff's attendance on May 5,2023; and (c)for such other and
further relief the Court deems justand proper.
Dated: April 19, 2023
Respectfullysubmitted,
1
On October 12,2022, Defendants moved to dismiss Plaintiff' s Second Amended Complaint.The
hearing on that Motion was set for January 6,2023. Plaintiff avoided the hearing on that date by
moving ore tenus to amend its complaint.Plaintiff's Third Amended Complaint was deemed filed
on February 23,2023, and Defendants again moved to dismiss on March 6,2023. The partiesand
this Court's Judicial Assistant,Ms. Prieto,worked togetherto schedule April 17, 2023, for the
three-hour evidentiaryhearing,which was canceled at Plaintiff's request. Defendants fully
acknowledge that health concerns must take priorityover hearings,but Plaintiff's unwillingness
to re-schedule the hearing on
any ofthe 7 dates provided by this Court is indicative oftheir attempts
to delay and stonewall Defendants' case strategy.
3
GREENBERG TRAURIG, P.A.
333 S.E. 2 nd Avenue, Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0519
Facsimile: (305) 579-0717
By: s/Michael N. Kreitzer
Michael N. Kreitzer, Esq.
Florida Bar No. 705561
kreitzerm@gtlaw.com
belloy@gtlaw.com
flservice@gtlaw.com
Jennifer J. Junger, Esq.
Florida Bar No. 125853
jungerj@gtlaw.com
fernandezfe@gtlaw.com
Jordanna Ishmael, Esq.
Florida Bar No. 1011647
ishmaelj@gtlaw.com
cohenpa@gtlaw.com
AttorneysMDefendants
CERTIFICATE OF GOOD-FAITH CONFERENCE
As requiredby Florida Rule of Civil Procedure 1.380, Gulfstream's counsel, Michael N. Kreitzer,
Esq. and Jennifer Junger,Esq.,conferred with Strike X's counsel Mary Nikezic by email on April
18 and April 19, 2023, and with Robert Zarco by phone on April 19, 2023, in a good-faitheffort
to resolve the issues raised by this motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
served by e-mail, this 19th day ofApril,2023, on:
ZARCO EINHORN SALKOWSKI & BRITO, P.A.
One Biscayne Tower
2 South Biscayne Boulevard, 34th Floor
4
Miami, Florida 33131
Telephone: (305) 374-5418
Facsimile: (305) 374-5428
Robert Zarco
Florida Bar No. 502138
rzarco@zarcolaw.com
Robert F. Salkowski
Florida Bar No. 903124
rsalkowski@zarcolaw.com
acoro@zarcolaw.com
Mary Nikezic
Florida Bar No. 92928
mnikezic@zarcolaw.com
eservice@zarcolaw.com
By: s/Michael N. Kreitzer
5
EXI IIBIT A
Fronn: Abel Aybar
To: Junaer. Jennifer L. (Assoc-MIA-LT); Marv Nikezic; Bello, Yanelis (LSS-MIA-LT); Robert Salkowski; Anite Coro
CC: Kreitzer, Michael (Shld-MIA-LT); Ishmael. Jordanna (Assoc-MIA-LT); Fernandez. Fernanda L. (LSS-Mia-IT);
Robert Zarco; Maidele Labrador
Subject: RE: Deposition of Strike X Corporate Representative
Date: Friday, March 24,2023 4: 58: 20 PM
Attachments: image012.png
imaae018.Dna
image019.png
imaae020.Dna
image021.png
imaae022.Dna
image023.png
Good afternoon Ms. Junger,
Plaintiffis available May 5.
ABEL AYBAR
Paralegal
-?? ?ARCO
?INI[ORN ?ALKOWS?
ATTORNEYS AT LAW
?ARC O EINHORN SALKOWSKI,P.A.
One Biscayne Tower
ith
2 S Biscayne Blvd 349E1QQI
Miami, FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: aaybar@zarcolaw.com
Website: www.zarcolaw.com
in
Best Lawyers
BEST
LAW FIRMS
.-I. ...
LAW TIER 1
FRANCHISE
NATIONAL
2023
DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you.
Zarco Einhorn Salkowski, PAcannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: jungerj@gtlaw.com
Sent: Thursday, March 23,2023 9:09 AM
To: Mary Nikezic ; belloy@gtlaw.com; Robert Salkowski
; Anite Coro ; Abel Aybar
Cc: ishmaelj@gtlaw.com; FernandezFe@gtlaw.com
Subject: RE: Deposition of Strike X Corporate Representative
Good morni ng Mary,
I am following up again on these dates. Please advise by tomorrow so that we can re-set the
deposition.
Thank you,
Jennifer L. Junger
Associate
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue I Miami, FL 33131
T 305.579.0560 I F 305.961.5698 I C 516 448 4667
jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography
GreenbergTraurig
From: Mary Nikezic
Sent: Tuesday, March 21, 2023 2:02 PM
To: Bello,Yanelis (LSS-MIA-LT) ; Robert Salkowski ;
Anite Coro ; Abel Aybar
Cc: Kreitzer, Michael (Shld-MIA-LT) ; Junger, Jennifer L. (Assoc-MIA-ET)
Ishmael, Jordanna (Assoc-MIA-ET) ; Fernandez,
Fernanda L. (LSS-Mia-LT)
Subject: RE: Deposition of Strike X Corporate Representative
*EXTERNAL TO GT*
We are checkingon these dates and will get back to you.
MARY NIKEZIC
Partner
21 IARco
EINIIORN
ATTORN
?ALKOWi?
AT LAW EYS
ZARCO EINHORN ?ALKOWSKI,
P.A.
One Biscayne Tower
2 S Biscayne Blvd 34th Floor
Miami. FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: mnikezic@zarcolaw.com
Website: www.zarcolaw.com
in
Best Lawyers
BEST
LAW FIRMS
&
FRANCHISE LAW TIER 1
NATIONAL
2023
DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you.
Zarco Einhorn Salkowski, PA
cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
isnot intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: belloy@gtlaw.com
Sent: Tuesday, March 21, 2023 1:00 PM
To: Mary Nikezic ; Robert Salkowski ; Anite
Coro ; Abel Aybar
CC: kreitzerm @gtlaw.com; ju ngerj @gtlaw.com; ish maelj @gtlaw.com; Ferna n dez Fe@gtlaw.com
Subject: RE: Deposition of Strike X Corporate Representative
Good afternoon,
We are no longer available on May 11th.
th
Please let us know about April 24th or May 5th.
-th
Regards,
Yanelis
From: Bello, Yanelis (LSS-MIA-LT)
Sent: Tuesday, March 21, 2023 9:28 AM
To: Mary Nikezic ; Robert Salkowski ; Anite
Coro ; AAybar@zarcolaw.com
Cc: Kreitzer, Michael (Shld-MIA-LT) ; Junger, Jennifer L. (Assoc-MIA-ET)
Ishmael, Jordanna (Assoc-MIA-ET) ; Fernandez,
Fernanda L. (LSS-Mia-LT)
Subject: RE: Deposition of Strike X Corporate Representative
Good morning,
We are followingup on the below. Please advise.
Regards,
Yanelis Bello
Legal Support Specialist
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue IMiami, FL 33131
T +1 305.579.7985
belloy@gtlaw.com I www.gtlaw.com
GT GreenbergTraurig
From: Junger, Jennifer L. (Assoc-MIA-LT)
Sent: Monday, March 13, 2023 6:27 PM
To: Mary Nikezic ; 'Robert Salkowski' ; Anite
Coro ; Abel Aybar
Cc: Kreitzer, Michael (Shld-MIA-LT) ; Ishmael, Jordanna (Assoc-MIA-LT)
; Fernandez, Fernanda L. (LSS-Mia-LT) ; Bello,
Yanelis (LSS-MIA-LT)
Subject: Deposition of Strike X Corporate Representative
Mary,
I am writing to advise that we need to postpone and re-schedule the deposition of the
Corporate Representative of Strike X that is currentlyset for March 16, 2023.
Please advise if Mr. Jafif is available to re-schedule on April24, May 5 or May 11.
Jennifer L. Junger
Associate
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue I Miami, FL 33131
T 305.579.0560 I F 305.961.5698 I C 516 448 4667
jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography
GreenbergTraurig
If you are not an intended recipient of confidential and privileged information in this email, please
delete it,notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the
information.
EXI IIBIT B
Filing# 169673808 E-Filed 03/27/2023 10:34:59 AM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
COMPLEX LITIGATION DIVISION
CASE NO.: CACE-21-16240
STRIKE X, LLC,
Plaintiff.
VS.
THE VILLAGE AT GULFSTREAM
PARK, LLC,
Defendant.
i
DEFENDANT'S SIXTH AMENDED NOTICE OF TAKING
DEPOSITION OF THE CORPORATE REPRESENTATIVE OF STRIKE X, LLC
PLEASE TAKE NOTICE that the undersignedattorneys will take the depositionof the
followingnamed deponent:
Deponent Date Location
The Corporate Representative Greenberg Traurig,P.A.
May 5,2023 333 SE 2ind Avenue
of Strike X, LLC at 10:00 am
Suite 4400
Miami, Florida 33131
Pursuant to Fla. R. Civ. P. 1.310(b)(6),
Strike X, LLC shall designateand produce one or
more of its officers,directors,managing agents, or other persons who are knowledgeable and
on
consent to testify its behalf with respect to each of the followingsubjectmatters:
1. The factual set forth in the operativeComplaint and
allegations
1
all exhibits thereto.
1
terms not defined herein shall have the definition used in Defendant's First Request for Production
All capitalized
to Plaintiff.
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
2. The lease agreement entered into between the partieson July 22, 2013, and all
amendments thereto ("1505 Lease") and Strike X's use ofthat space.
3 The Lease entered into between the partieson August 5,2020 ("1700 Lease").
4. All documents preparedin connection with or in reliance on the 1700 Lease.
5. All documents and communications pertainingto the solicitation and/or negotiation
of the 1700 Lease.
6. All documents and communications between You and anyone at Gulfstream
pertainingto the 1700 Lease.
7. All Documents and Communications between You and Alan Shaw.
8. All documents and communications internally
at Strike X or to any third party,
includingbut not limited to consultants,agents, lenders,or brokers pertainingto the 1700 Lease.
9- Strike X's business plans for the 1700 space.
10. All documents and communications reflecting
any payments made from Strike X
to Gulfstream in connection with the 1700 Lease.
11. All documents and communications reflecting
any payments made from Strike X
to any other individual or entityin connection with or in reliance of the 1700 Lease.
12. The allegationthat You suffered and "continue to suffer" actual damages in
connection with the 1700 Lease.
13. Your allegedentitlement to attorneys'fees.
14. Your actual claimed damages, includingbut not limited to dollar amounts of lost
consequential,incidental,and/or specialdamages,
profits, all out-of-pocketexpenses, and the
calculations to support these numbers.
2
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
15. Any and all of Your Knowledge that Plaintiff"substantially
performed under the
Lease by timelydoing everythingthat was requiredof it."
16. Any and all of Your Knowledge that Defendant has failed to exercise reasonable
diligenceand promptness in undertakingand completing its work in connection with the 1700
Lease.
17. Any and all of Your Knowledge that Defendant has failed to exercise reasonable
diligenceand care in carryingout its work as it relates to the Property.
18. Your knowledge that Defendant expressly repudiated the Lease and failed to
comply with the terms o f the 1700 Lease.
19. The work performed by You or any third partiesin connection with the 1700 Lease.
20. Any efforts undertaken by You or any third partiesto mitigateYour damages in
connection with the 1700 Lease.
21. Your alleged entitlement to specificperformance in connection with the 1700
Lease.
22. Your allegedentitlement to lost profits, incidental,and/or special
consequential,
damages under the 1700 Lease.
23. Any and all ofYour knowledge that Defendant has "engaged in unlawful and unfair
methods of sale and competition"or "unfair or deceptiveacts or practicesin the conduct of trade
..
or commerce.
24. Any and all of Your knowledge that Defendant has engaged in "unconscionable
acts or practices."
25. Your Boca Raton location (and other locations)
includingits operations,
facilities,
lease expenses, and profits.
negotiations,
3
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
26. Any and all of Your knowledge that "Gulfstream Park and Ms. Stronach acted in
concert and conspiredto assure that Plaintiff would not be able to occupy the Premises. . . so that
Gulfstream Racing could move its casino into the Premises."
27. Any and all of Your knowledge as to why the Premises are unique.
28. Any and all of Your knowledge regarding Ms. Stronach and/or Gulfstream
Racing's tortious interference with the Lease and/or Strike X's expansion.
29. Any and all of Your knowledge that Landlord did not act in good faith,did not
and engaged in a conspiracyto pretextuallydeclare Strike
proceed with reasonable diligence, X in
default of the Lease.
30. Any and all of Your knowledge that Landlord and/or Stronach fraudulentlyor
negligentlyinduced Strike X to enter into the lease agreement.
The depositionwill be taken before a notary public or some other officer duly authorized
to administer oaths by the laws ofthe United States. The depositionwill continue day to day until
completed. The depositionwill be recorded by stenographicmeans. The court reporter shall be
Lance W. Steinbeisser, RPR CSR FPR, of Steinotype (or another qualifiedreporter from
Steinotype)and his email address is The deponent is reminded to bring to
evidence of identification.
the depositionphoto identification or such other satisfactory The
depositionis being taken for the purpose of discovery,for use at or for such other purposes
trial,
as are permittedunder the rules of Court.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participatein this proceeding,the need for a translator,should contact Michael
N. Kreitzer, Esq., no later than seven (7) days prior to this proceeding; ifhearing impaired,
telephonethe Florida Relay Service number at 1-800-955-8771 for assistance.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
4
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
Respectfullysubmitted,
GREENBERG TRAURIG, P.A.
nd
333 S.E. 2I Avenue, Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0519
Facsimile: (305) 579-0717
By-. s/Michael N. Kreitzer
Michael N. Kreitzer, Esq.
Florida Bar No. 705561
kreitzerm@gtlaw.com
belloy@gtlaw.com
flservice@gtlaw.com
Jennifer J. Junger, Esq.
Florida Bar No. 125853
jungerj@gtlaw.com
fernandezfe@gtlaw.com
Jordanna Ishmael, Esq.
Florida Bar No. 1011647
ishmaelj@gtlaw.com
cohenp@gtlaw.com
Attorneysfor Village at Gulfstream Park,
LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy o f the foregoinghas been served by
e-mail generated by the Florida Court E-FilingPortal,this 27th day of March 2023, on:
ZARCO EINHORN SALKOWSKI & BRITO, P.A.
One Biscayne Tower
2 South Biscayne Boulevard, 34th Floor
Miami, Florida 33131
Telephone: (305) 374-5418
Facsimile: (305) 374-5428
Robert Zarco
Florida Bar No. 502138
rzarco@zarcolaw.com
Robert F. Salkowski
Florida Bar No. 903124
rsalkowski@zarcolaw.com
acoro@zarcolaw.com
5
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
Mary Nikezic
Florida Bar No. 92928
mnikezic@zarcolaw.com
eservice@zarcolaw.com
Colby Conforti
Florida Bar No. 92928
cconforti@zarcolaw.com
eservice@zarcolaw.com
By-. s/Michael N. Kreitzer
MICHAEL N. KREITZER
6
GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM
333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717
EXI IIBIT C
Fronn: Mary Nikezic
To: Kreitzer, Michael (Shld-MIA-LT); Robert Salkowski; Robert Zarco
CC: Junaer, Jennifer L. (Assoc-MIA-LT)
Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240
Date: Wednesday, April 19, 2023 12:57:32 PM
Attachments: imaae001.Dna
image007.png
imaae008.Dna
image009.png
imaae010.Dna
who is attendingthe New Hampshire
Really?I find it hard to believe that you are questioning
hearingwhen we were forced to cancel every hearingand depositionfor over six months because
you were not "available" and refused to allow anyone else to handle.
If you must know, Robert and Rob are both attendingthe New Hampshire hearingand, as I said,
our office is not available on May 5.
MARY NIKEZIC
Partner
-riUIZJZk- ATTORN EYS AT LAW
ZARCO EINHORN ?ALKOWSKI,
P.A.
One Biscayne Tower
2 S Biscayne Blvd 34th Floor
Miami. FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: mnikezic@zarcolaw.com
Website: www.zarcolaw.com
in
Best Lawyers
BEST &
#1? LAW FIRMS
FRANCHISE LAW
NATIONAL
2023
TIER 1
g$1?'
11?LIi
IiI CON
DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you.
Zarco Einhorn Salkowski, PA
cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
isnot intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: kreitzerm@gtlaw.com
Sent: Wednesday, April 19, 2023 10:38 AM
To: Mary Nikezic
Cc: jungerj@gtlaw.com
Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. -
Case No. CACE21016240
Mary, who will be attending the New Hampshire hearing?
From: Mary Nikezic
Sent: Wednesday, April 19, 2023 10:25 AM
To: Junger, Jennifer L. (Assoc-MIA-LT)
Cc: Robert Salkowski ; Abel Aybar ; Robert
Zarco ; Kreitzer, Michael (Shld-MIA-LT) ; Bello,
Yanelis (LSS-MIA-LT) ; Fernandez, Fernanda L. (LSS-Mia-LT)
; Ishmael, Jordanna (Assoc-MIA-ET)
Subject: RE: Strike X LLC v. Villageat Gulfstream Park, LLC, et al. -
Case No. CACE21016240
Jennifer:
We are not available on May 5. We have a full-day hearingin New Hampshire on May
evidentiary
4 and will be traveling
on May 5.
MARY NIKEZIC
Partner
2 ZARCo
EINHORN
ATTORN
iALKOWS?i
AT LAW EYS
ZARCO EINHORN ?ALKOWSKI,
P.A.
One Biscayne Tower
2 S Biscayne Blvd 34th Floor
Miami. FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: mnikezic@zarcolaw.com
Website: www.zarcolaw.com
in
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DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
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intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
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Zarco Einhorn Salkowski, PA
cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: Mary Nikezic
Sent: Wednesday, April 19, 2023 8:59 AM
To: jungerj@gtlaw.com
Cc: Robert Salkowski ; Abel Aybar ; Robert
Zarco ; belloy@gtlaw.com;
Ferna n dez Fe@gtlaw.com; ish ma elj@gtlaw.com
Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. -
Case No. CACE21016240
We are checkingon Robert's availability
on 5/5. I will
get back to you today.
MARY NIKEZIC
Partner
?Altco
EINHORN
ATTORN
?ALKOWS?i
AT LAW EYS
ZARCO EINHORN ?ALKOWSKI,P.A.
One Biscayne Tower
2 S Biscayne Blvd 34th Floor
Miami, FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: mnikezic@zarcolaw.com
Website: www.zarcolaw.com
in
Best Lawyers
BEST
LAW FIRMS
&
FRANCHISE LAW TIER 1
NATIONAL
2023
DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you.
Zarco Einhorn Salkowski, PA
cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: jungerj@gtlaw.corn
Sent: Tuesday, April 18, 2023 6:07 PM
To: Mary Nikezic
Cc: Robert Salkowski ; Abel Aybar ; Robert
Zarco ; belloy@gtlaw.corn;
Ferna n dez Fe@gtlaw.com; ish ma elj@gtlaw.com
Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. -
Case No. CACE21016240
M a ry,
on 5/5 forthe evidentiary
Pursuant to Ms. Prieto's email from earlier today, the Court has availability
hearing. This date was already set aside and reserved by both parties for the deposition of the
Jaffif. Given the difficulty
corporate representative of the plaintiff/Marcos of scheduling this hearing,
we are willingto postpone and re-schedule the deposition in order to accommodate the hearing
before Judge Tuter begins his trials on May 8.
Please promptly confirm your availabilityon 5/5 so that I can confirm with Ms. Prieto that we are
available.
Thank you,
Jennifer L. Junger
Associate
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue 1
Suite 4400 I Miami, FL 33131
T 305.579.0560 I F 305.961.5698 I C 516 448 4667
jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography
GreenbergTraurig
From: Mary Nikezic
Sent: Tuesday, April 18, 2023 5:33 PM
To: Junger, Jennifer L. (Assoc-MIA-LT)
Cc: Robert Salkowski ; Abel Aybar ; Robert
Zarco ; Kreitzer, Michael (Shld-MIA-LT)
Subject: RE: Strike X LLC v. Villageat Gulfstream Park, LLC, et al. -
Case No. CACE21016240
*EXTERNAL TO GT*
I am in a depo
- feel free to email whatever it is you wish to speak about instead.
MARY NIKEZIC
Partner
-ri:IZIZWSKI ATTORN EYS AT LAW
ZARCO EINHORN ?ALKOWSKI,P.A.
One Biscayne Tower
2 S Biscayne Blvd 34th Floor
Miami. FL 33131
Office: 305.374.5418
Fax: 305.374.5428
Email: mnikezic@zarcolaw.com
Website: www.zarcolaw.com
in
Best Lawyers
BEST
LAW FIRMS
&
'HGRAWJIB 'EY
FRANCHISE LAW TIER 1
NATIONAL
2023
DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may
be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail
info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you.
Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over
a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an
individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments,
is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be
imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed
herein.
From: jungerj@gtlaw.com
Sent: Tuesday, April 18, 2023 4:52 PM
To: Mary Nikezic
Cc: Robert Salkowski ; Abel Aybar ; Robert
Zarco ; kreitzerm@gtlaw.com
Subject: Strike X LLC v. Village at Gulfstream Park, LLC, et al. -
Case No. CACE21016240
Mary,
Following up on my voicemails, please give me a call back today.
Thanks,
Jennifer L. Junger
Associate
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue 1
Suite 4400 I Miami, FL 33131
T 305.579.0560 I F 305.961.5698 I C 516 448 4667
iungerj@gtlaw.com I www.gtlaw.com I View GT Biography
GreenbergTraurig
If you are not an intended recipient of confidential and privileged information in this email, please
delete it,notify us immediately atpostmaster@gtlaw.com, and do not use ordisseminate the
information.
Preview
Filing# 171385782 E-Filed 04/19/2023 10:17:32 PM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA COMPLEX BUSINESS DIVISION CASE NO.. CACE-21-16240 STRIKE X LLC, Plaintiff. V THE VILLAGE AT GULFSTREAM PARK, LLC, A Delaware Limited Company, Liability GULFSTREAM PARK RACING ASSOCIATION, INC., A Florida Corporation,AND BELINDA STRONACH, an Individual, Defendants. i DEFENDANTS' MOTION TO COMPEL AND TO SET HEARING FOR DEFENDANTS' MOTION TO DISMISS ON MAY 5.2023 Defendants the Village at Gulfstream Park, LLC, Gulfstream Park Racing Association, Inc.,and Belinda Stronach, individually ("Defendants"),by and through its undersignedcounsel, moves for the entry of an order settingthe evidentiaryhearing on Defendants' Motion to Dismiss on May 5,2023, and compelling Plaintiff, Strike X, LLC to appear on that date,and ("Plaintiff') states: 1. Defendants seek Court intervention to Order the scheduling of Defendants evidentiaryhearingon its motion to dismiss for,among other things,lack of personaljurisdiction. The Court has offered May 5,2023, as an option,but just like in the last seven dates offered by the Court, Plaintiff has declined to agree on the date. What makes this occasion different from the others is that Plaintiff earlier said the date was available. The date is already reserved for the depositionofthe Plaintiff (by an agreement reached more than a month ago) and which deposition ACTIVE 686913913v2 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2023 10:17:32 PM.**** Plaintiffhas never indicated a conflict. This hearingwas previouslyset for April 17,2023 but was postponed on the basis of a needed medical procedure.Defendants surelyunderstood that the health of the partiestakes precedent,but now after seven dates offered and rejected,Plaintiff is stonewallingand that is not fair. 2. re-set the hearing,the Courts Judicial Assistant Ms. In an effort to expeditiously Prieto went above and beyond to provide the partieswith seven dates of availability: April 24, April25, April 26, April 27, May 2, May 4, and May 5. Plaintiff rejectedall seven dates despite that it had previously confirmed May 5,2023, for Plaintiffs deposition. 3 Mr. Aybar, Plaintiff's paralegalconfirmed Plaintiff's for availability May 5,2023, in writingon March 24,2023. A true and correct copy ofthis email correspondenceis attached as Exhibit A. Additionally,Robert Zarco told counsel this evening that he wasn't aware of a conflict but nevertheless could not agree to the date without further discussions with his staff. 4. Because this date was reserved for the deposition of Plaintiff's corporate which has been noticed since March 27,2023, for a live and in person deposition representative, at the offices of Greenberg Traurig located at 333 SE 2ind Avenue, Suite 4400, Miami, Florida 33131, it is not credible that the hearingcannot take the place ofthe depositionwith the deposition occurring immediately thereafter. A true and correct copy of the Notice of Deposition is attached as Exhibit B. 5. Given the importance of this hearing,Defendants are willingto reschedule the deposition,but now Plaintiff claims to be unavailable and allegesthat Counsel Robert Zarco and Robert Salkowski are both "travelingon May 5." A true and correct copy of this email correspondenceis attached as Exhibit C. 2 6. It is critical that this hearing occur on May 5,2023, because Ms. Prieto,advised both partiesthat the Court begins back-to-back trials commencing on May 8,2023, so there will be no availability for this three-hour evidentiaryhearing until July at the earliest. 7. Delaying this hearing for an additional three months is highly prejudicialto Defendants. Defendants have been attemptingto set its Motion to Dismiss since October of 2022- six months ago!1 8. After two amendments to the complaint,the Plaintiff has not plead a prima facie over Ms. Stronach, who case for personaljurisdiction is the ultimate owner ofthe Gulfstream Park racingvenue and related facilities. She is domiciled in Toronto, Canada. But beyond that,without hearing the motion to dismiss, this case remains in limbo as it cannot become at issue until "any motions directed to the last pleading served have been disposed of or, if no such motions are served,20 days after service of the last pleading."See Fla. R. Civ. P. 1.440. WHEREFORE, request entry of an order (a)setting Defendants respectfully the three- hour evidentiaryhearing on Defendants' Motion to Dismiss the Third Amended Complaint for May 5,2023; (b)compelling Plaintiff's attendance on May 5,2023; and (c)for such other and further relief the Court deems justand proper. Dated: April 19, 2023 Respectfullysubmitted, 1 On October 12,2022, Defendants moved to dismiss Plaintiff' s Second Amended Complaint.The hearing on that Motion was set for January 6,2023. Plaintiff avoided the hearing on that date by moving ore tenus to amend its complaint.Plaintiff's Third Amended Complaint was deemed filed on February 23,2023, and Defendants again moved to dismiss on March 6,2023. The partiesand this Court's Judicial Assistant,Ms. Prieto,worked togetherto schedule April 17, 2023, for the three-hour evidentiaryhearing,which was canceled at Plaintiff's request. Defendants fully acknowledge that health concerns must take priorityover hearings,but Plaintiff's unwillingness to re-schedule the hearing on any ofthe 7 dates provided by this Court is indicative oftheir attempts to delay and stonewall Defendants' case strategy. 3 GREENBERG TRAURIG, P.A. 333 S.E. 2 nd Avenue, Suite 4400 Miami, Florida 33131 Telephone: (305) 579-0519 Facsimile: (305) 579-0717 By: s/Michael N. Kreitzer Michael N. Kreitzer, Esq. Florida Bar No. 705561 kreitzerm@gtlaw.com belloy@gtlaw.com flservice@gtlaw.com Jennifer J. Junger, Esq. Florida Bar No. 125853 jungerj@gtlaw.com fernandezfe@gtlaw.com Jordanna Ishmael, Esq. Florida Bar No. 1011647 ishmaelj@gtlaw.com cohenpa@gtlaw.com AttorneysMDefendants CERTIFICATE OF GOOD-FAITH CONFERENCE As requiredby Florida Rule of Civil Procedure 1.380, Gulfstream's counsel, Michael N. Kreitzer, Esq. and Jennifer Junger,Esq.,conferred with Strike X's counsel Mary Nikezic by email on April 18 and April 19, 2023, and with Robert Zarco by phone on April 19, 2023, in a good-faitheffort to resolve the issues raised by this motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically served by e-mail, this 19th day ofApril,2023, on: ZARCO EINHORN SALKOWSKI & BRITO, P.A. One Biscayne Tower 2 South Biscayne Boulevard, 34th Floor 4 Miami, Florida 33131 Telephone: (305) 374-5418 Facsimile: (305) 374-5428 Robert Zarco Florida Bar No. 502138 rzarco@zarcolaw.com Robert F. Salkowski Florida Bar No. 903124 rsalkowski@zarcolaw.com acoro@zarcolaw.com Mary Nikezic Florida Bar No. 92928 mnikezic@zarcolaw.com eservice@zarcolaw.com By: s/Michael N. Kreitzer 5 EXI IIBIT A Fronn: Abel Aybar To: Junaer. Jennifer L. (Assoc-MIA-LT); Marv Nikezic; Bello, Yanelis (LSS-MIA-LT); Robert Salkowski; Anite Coro CC: Kreitzer, Michael (Shld-MIA-LT); Ishmael. Jordanna (Assoc-MIA-LT); Fernandez. Fernanda L. (LSS-Mia-IT); Robert Zarco; Maidele Labrador Subject: RE: Deposition of Strike X Corporate Representative Date: Friday, March 24,2023 4: 58: 20 PM Attachments: image012.png imaae018.Dna image019.png imaae020.Dna image021.png imaae022.Dna image023.png Good afternoon Ms. Junger, Plaintiffis available May 5. ABEL AYBAR Paralegal -?? ?ARCO ?INI[ORN ?ALKOWS? ATTORNEYS AT LAW ?ARC O EINHORN SALKOWSKI,P.A. One Biscayne Tower ith 2 S Biscayne Blvd 349E1QQI Miami, FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: aaybar@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST LAW FIRMS .-I. ... LAW TIER 1 FRANCHISE NATIONAL 2023 DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PAcannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: jungerj@gtlaw.com Sent: Thursday, March 23,2023 9:09 AM To: Mary Nikezic ; belloy@gtlaw.com; Robert Salkowski ; Anite Coro ; Abel Aybar Cc: ishmaelj@gtlaw.com; FernandezFe@gtlaw.com Subject: RE: Deposition of Strike X Corporate Representative Good morni ng Mary, I am following up again on these dates. Please advise by tomorrow so that we can re-set the deposition. Thank you, Jennifer L. Junger Associate Greenberg Traurig, P.A. 333 S.E. 2nd Avenue I Miami, FL 33131 T 305.579.0560 I F 305.961.5698 I C 516 448 4667 jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography GreenbergTraurig From: Mary Nikezic Sent: Tuesday, March 21, 2023 2:02 PM To: Bello,Yanelis (LSS-MIA-LT) ; Robert Salkowski ; Anite Coro ; Abel Aybar Cc: Kreitzer, Michael (Shld-MIA-LT) ; Junger, Jennifer L. (Assoc-MIA-ET) Ishmael, Jordanna (Assoc-MIA-ET) ; Fernandez, Fernanda L. (LSS-Mia-LT) Subject: RE: Deposition of Strike X Corporate Representative *EXTERNAL TO GT* We are checkingon these dates and will get back to you. MARY NIKEZIC Partner 21 IARco EINIIORN ATTORN ?ALKOWi? AT LAW EYS ZARCO EINHORN ?ALKOWSKI, P.A. One Biscayne Tower 2 S Biscayne Blvd 34th Floor Miami. FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: mnikezic@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST LAW FIRMS & FRANCHISE LAW TIER 1 NATIONAL 2023 DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, isnot intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: belloy@gtlaw.com Sent: Tuesday, March 21, 2023 1:00 PM To: Mary Nikezic ; Robert Salkowski ; Anite Coro ; Abel Aybar CC: kreitzerm @gtlaw.com; ju ngerj @gtlaw.com; ish maelj @gtlaw.com; Ferna n dez Fe@gtlaw.com Subject: RE: Deposition of Strike X Corporate Representative Good afternoon, We are no longer available on May 11th. th Please let us know about April 24th or May 5th. -th Regards, Yanelis From: Bello, Yanelis (LSS-MIA-LT) Sent: Tuesday, March 21, 2023 9:28 AM To: Mary Nikezic ; Robert Salkowski ; Anite Coro ; AAybar@zarcolaw.com Cc: Kreitzer, Michael (Shld-MIA-LT) ; Junger, Jennifer L. (Assoc-MIA-ET) Ishmael, Jordanna (Assoc-MIA-ET) ; Fernandez, Fernanda L. (LSS-Mia-LT) Subject: RE: Deposition of Strike X Corporate Representative Good morning, We are followingup on the below. Please advise. Regards, Yanelis Bello Legal Support Specialist Greenberg Traurig, P.A. 333 S.E. 2nd Avenue IMiami, FL 33131 T +1 305.579.7985 belloy@gtlaw.com I www.gtlaw.com GT GreenbergTraurig From: Junger, Jennifer L. (Assoc-MIA-LT) Sent: Monday, March 13, 2023 6:27 PM To: Mary Nikezic ; 'Robert Salkowski' ; Anite Coro ; Abel Aybar Cc: Kreitzer, Michael (Shld-MIA-LT) ; Ishmael, Jordanna (Assoc-MIA-LT) ; Fernandez, Fernanda L. (LSS-Mia-LT) ; Bello, Yanelis (LSS-MIA-LT) Subject: Deposition of Strike X Corporate Representative Mary, I am writing to advise that we need to postpone and re-schedule the deposition of the Corporate Representative of Strike X that is currentlyset for March 16, 2023. Please advise if Mr. Jafif is available to re-schedule on April24, May 5 or May 11. Jennifer L. Junger Associate Greenberg Traurig, P.A. 333 S.E. 2nd Avenue I Miami, FL 33131 T 305.579.0560 I F 305.961.5698 I C 516 448 4667 jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography GreenbergTraurig If you are not an intended recipient of confidential and privileged information in this email, please delete it,notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the information. EXI IIBIT B Filing# 169673808 E-Filed 03/27/2023 10:34:59 AM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA COMPLEX LITIGATION DIVISION CASE NO.: CACE-21-16240 STRIKE X, LLC, Plaintiff. VS. THE VILLAGE AT GULFSTREAM PARK, LLC, Defendant. i DEFENDANT'S SIXTH AMENDED NOTICE OF TAKING DEPOSITION OF THE CORPORATE REPRESENTATIVE OF STRIKE X, LLC PLEASE TAKE NOTICE that the undersignedattorneys will take the depositionof the followingnamed deponent: Deponent Date Location The Corporate Representative Greenberg Traurig,P.A. May 5,2023 333 SE 2ind Avenue of Strike X, LLC at 10:00 am Suite 4400 Miami, Florida 33131 Pursuant to Fla. R. Civ. P. 1.310(b)(6), Strike X, LLC shall designateand produce one or more of its officers,directors,managing agents, or other persons who are knowledgeable and on consent to testify its behalf with respect to each of the followingsubjectmatters: 1. The factual set forth in the operativeComplaint and allegations 1 all exhibits thereto. 1 terms not defined herein shall have the definition used in Defendant's First Request for Production All capitalized to Plaintiff. GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 2. The lease agreement entered into between the partieson July 22, 2013, and all amendments thereto ("1505 Lease") and Strike X's use ofthat space. 3 The Lease entered into between the partieson August 5,2020 ("1700 Lease"). 4. All documents preparedin connection with or in reliance on the 1700 Lease. 5. All documents and communications pertainingto the solicitation and/or negotiation of the 1700 Lease. 6. All documents and communications between You and anyone at Gulfstream pertainingto the 1700 Lease. 7. All Documents and Communications between You and Alan Shaw. 8. All documents and communications internally at Strike X or to any third party, includingbut not limited to consultants,agents, lenders,or brokers pertainingto the 1700 Lease. 9- Strike X's business plans for the 1700 space. 10. All documents and communications reflecting any payments made from Strike X to Gulfstream in connection with the 1700 Lease. 11. All documents and communications reflecting any payments made from Strike X to any other individual or entityin connection with or in reliance of the 1700 Lease. 12. The allegationthat You suffered and "continue to suffer" actual damages in connection with the 1700 Lease. 13. Your allegedentitlement to attorneys'fees. 14. Your actual claimed damages, includingbut not limited to dollar amounts of lost consequential,incidental,and/or specialdamages, profits, all out-of-pocketexpenses, and the calculations to support these numbers. 2 GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 15. Any and all of Your Knowledge that Plaintiff"substantially performed under the Lease by timelydoing everythingthat was requiredof it." 16. Any and all of Your Knowledge that Defendant has failed to exercise reasonable diligenceand promptness in undertakingand completing its work in connection with the 1700 Lease. 17. Any and all of Your Knowledge that Defendant has failed to exercise reasonable diligenceand care in carryingout its work as it relates to the Property. 18. Your knowledge that Defendant expressly repudiated the Lease and failed to comply with the terms o f the 1700 Lease. 19. The work performed by You or any third partiesin connection with the 1700 Lease. 20. Any efforts undertaken by You or any third partiesto mitigateYour damages in connection with the 1700 Lease. 21. Your alleged entitlement to specificperformance in connection with the 1700 Lease. 22. Your allegedentitlement to lost profits, incidental,and/or special consequential, damages under the 1700 Lease. 23. Any and all ofYour knowledge that Defendant has "engaged in unlawful and unfair methods of sale and competition"or "unfair or deceptiveacts or practicesin the conduct of trade .. or commerce. 24. Any and all of Your knowledge that Defendant has engaged in "unconscionable acts or practices." 25. Your Boca Raton location (and other locations) includingits operations, facilities, lease expenses, and profits. negotiations, 3 GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 26. Any and all of Your knowledge that "Gulfstream Park and Ms. Stronach acted in concert and conspiredto assure that Plaintiff would not be able to occupy the Premises. . . so that Gulfstream Racing could move its casino into the Premises." 27. Any and all of Your knowledge as to why the Premises are unique. 28. Any and all of Your knowledge regarding Ms. Stronach and/or Gulfstream Racing's tortious interference with the Lease and/or Strike X's expansion. 29. Any and all of Your knowledge that Landlord did not act in good faith,did not and engaged in a conspiracyto pretextuallydeclare Strike proceed with reasonable diligence, X in default of the Lease. 30. Any and all of Your knowledge that Landlord and/or Stronach fraudulentlyor negligentlyinduced Strike X to enter into the lease agreement. The depositionwill be taken before a notary public or some other officer duly authorized to administer oaths by the laws ofthe United States. The depositionwill continue day to day until completed. The depositionwill be recorded by stenographicmeans. The court reporter shall be Lance W. Steinbeisser, RPR CSR FPR, of Steinotype (or another qualifiedreporter from Steinotype)and his email address is The deponent is reminded to bring to evidence of identification. the depositionphoto identification or such other satisfactory The depositionis being taken for the purpose of discovery,for use at or for such other purposes trial, as are permittedunder the rules of Court. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participatein this proceeding,the need for a translator,should contact Michael N. Kreitzer, Esq., no later than seven (7) days prior to this proceeding; ifhearing impaired, telephonethe Florida Relay Service number at 1-800-955-8771 for assistance. PLEASE GOVERN YOURSELVES ACCORDINGLY. 4 GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 Respectfullysubmitted, GREENBERG TRAURIG, P.A. nd 333 S.E. 2I Avenue, Suite 4400 Miami, Florida 33131 Telephone: (305) 579-0519 Facsimile: (305) 579-0717 By-. s/Michael N. Kreitzer Michael N. Kreitzer, Esq. Florida Bar No. 705561 kreitzerm@gtlaw.com belloy@gtlaw.com flservice@gtlaw.com Jennifer J. Junger, Esq. Florida Bar No. 125853 jungerj@gtlaw.com fernandezfe@gtlaw.com Jordanna Ishmael, Esq. Florida Bar No. 1011647 ishmaelj@gtlaw.com cohenp@gtlaw.com Attorneysfor Village at Gulfstream Park, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o f the foregoinghas been served by e-mail generated by the Florida Court E-FilingPortal,this 27th day of March 2023, on: ZARCO EINHORN SALKOWSKI & BRITO, P.A. One Biscayne Tower 2 South Biscayne Boulevard, 34th Floor Miami, Florida 33131 Telephone: (305) 374-5418 Facsimile: (305) 374-5428 Robert Zarco Florida Bar No. 502138 rzarco@zarcolaw.com Robert F. Salkowski Florida Bar No. 903124 rsalkowski@zarcolaw.com acoro@zarcolaw.com 5 GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 Mary Nikezic Florida Bar No. 92928 mnikezic@zarcolaw.com eservice@zarcolaw.com Colby Conforti Florida Bar No. 92928 cconforti@zarcolaw.com eservice@zarcolaw.com By-. s/Michael N. Kreitzer MICHAEL N. KREITZER 6 GREENBERG TRAURIG, P.A. I ATTORNEYS AT LAW I WWW.GTLAW.COM 333 Southeast Second Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 EXI IIBIT C Fronn: Mary Nikezic To: Kreitzer, Michael (Shld-MIA-LT); Robert Salkowski; Robert Zarco CC: Junaer, Jennifer L. (Assoc-MIA-LT) Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240 Date: Wednesday, April 19, 2023 12:57:32 PM Attachments: imaae001.Dna image007.png imaae008.Dna image009.png imaae010.Dna who is attendingthe New Hampshire Really?I find it hard to believe that you are questioning hearingwhen we were forced to cancel every hearingand depositionfor over six months because you were not "available" and refused to allow anyone else to handle. If you must know, Robert and Rob are both attendingthe New Hampshire hearingand, as I said, our office is not available on May 5. MARY NIKEZIC Partner -riUIZJZk- ATTORN EYS AT LAW ZARCO EINHORN ?ALKOWSKI, P.A. One Biscayne Tower 2 S Biscayne Blvd 34th Floor Miami. FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: mnikezic@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST & #1? LAW FIRMS FRANCHISE LAW NATIONAL 2023 TIER 1 g$1?' 11?LIi IiI CON DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, isnot intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: kreitzerm@gtlaw.com Sent: Wednesday, April 19, 2023 10:38 AM To: Mary Nikezic Cc: jungerj@gtlaw.com Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240 Mary, who will be attending the New Hampshire hearing? From: Mary Nikezic Sent: Wednesday, April 19, 2023 10:25 AM To: Junger, Jennifer L. (Assoc-MIA-LT) Cc: Robert Salkowski ; Abel Aybar ; Robert Zarco ; Kreitzer, Michael (Shld-MIA-LT) ; Bello, Yanelis (LSS-MIA-LT) ; Fernandez, Fernanda L. (LSS-Mia-LT) ; Ishmael, Jordanna (Assoc-MIA-ET) Subject: RE: Strike X LLC v. Villageat Gulfstream Park, LLC, et al. - Case No. CACE21016240 Jennifer: We are not available on May 5. We have a full-day hearingin New Hampshire on May evidentiary 4 and will be traveling on May 5. MARY NIKEZIC Partner 2 ZARCo EINHORN ATTORN iALKOWS?i AT LAW EYS ZARCO EINHORN ?ALKOWSKI, P.A. One Biscayne Tower 2 S Biscayne Blvd 34th Floor Miami. FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: mnikezic@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST LAW FIRMS & FRANCHISE LAW TIER 1 NATIONAL 2023 DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: Mary Nikezic Sent: Wednesday, April 19, 2023 8:59 AM To: jungerj@gtlaw.com Cc: Robert Salkowski ; Abel Aybar ; Robert Zarco ; belloy@gtlaw.com; Ferna n dez Fe@gtlaw.com; ish ma elj@gtlaw.com Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240 We are checkingon Robert's availability on 5/5. I will get back to you today. MARY NIKEZIC Partner ?Altco EINHORN ATTORN ?ALKOWS?i AT LAW EYS ZARCO EINHORN ?ALKOWSKI,P.A. One Biscayne Tower 2 S Biscayne Blvd 34th Floor Miami, FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: mnikezic@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST LAW FIRMS & FRANCHISE LAW TIER 1 NATIONAL 2023 DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: jungerj@gtlaw.corn Sent: Tuesday, April 18, 2023 6:07 PM To: Mary Nikezic Cc: Robert Salkowski ; Abel Aybar ; Robert Zarco ; belloy@gtlaw.corn; Ferna n dez Fe@gtlaw.com; ish ma elj@gtlaw.com Subject: RE: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240 M a ry, on 5/5 forthe evidentiary Pursuant to Ms. Prieto's email from earlier today, the Court has availability hearing. This date was already set aside and reserved by both parties for the deposition of the Jaffif. Given the difficulty corporate representative of the plaintiff/Marcos of scheduling this hearing, we are willingto postpone and re-schedule the deposition in order to accommodate the hearing before Judge Tuter begins his trials on May 8. Please promptly confirm your availabilityon 5/5 so that I can confirm with Ms. Prieto that we are available. Thank you, Jennifer L. Junger Associate Greenberg Traurig, P.A. 333 S.E. 2nd Avenue 1 Suite 4400 I Miami, FL 33131 T 305.579.0560 I F 305.961.5698 I C 516 448 4667 jungerj@gtlaw.com 1 www.gtlaw.com 1 View GT Biography GreenbergTraurig From: Mary Nikezic Sent: Tuesday, April 18, 2023 5:33 PM To: Junger, Jennifer L. (Assoc-MIA-LT) Cc: Robert Salkowski ; Abel Aybar ; Robert Zarco ; Kreitzer, Michael (Shld-MIA-LT) Subject: RE: Strike X LLC v. Villageat Gulfstream Park, LLC, et al. - Case No. CACE21016240 *EXTERNAL TO GT* I am in a depo - feel free to email whatever it is you wish to speak about instead. MARY NIKEZIC Partner -ri:IZIZWSKI ATTORN EYS AT LAW ZARCO EINHORN ?ALKOWSKI,P.A. One Biscayne Tower 2 S Biscayne Blvd 34th Floor Miami. FL 33131 Office: 305.374.5418 Fax: 305.374.5428 Email: mnikezic@zarcolaw.com Website: www.zarcolaw.com in Best Lawyers BEST LAW FIRMS & 'HGRAWJIB 'EY FRANCHISE LAW TIER 1 NATIONAL 2023 DISCLAIMER: This electronic message transmission contains information from the law firm of Zarco Einhorn Salkowski, P.A., which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately by telephone at 305.374.5418 or by electronic mail info@zarcolaw.com, and delete the message, all attachments and copies thereof. Thank you. Zarco Einhorn Salkowski, PA cannot accept responsibility for the accuracy or completeness of this e-mail, as it has been transmitted over a public network. If you suspect that the e-mail may have been intercepted or amended, please call the sender. Any views expressed by an individual in this e-mail do not necessarily reflect the views of Zarco Einhorn Salkowski, P.A. CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. From: jungerj@gtlaw.com Sent: Tuesday, April 18, 2023 4:52 PM To: Mary Nikezic Cc: Robert Salkowski ; Abel Aybar ; Robert Zarco ; kreitzerm@gtlaw.com Subject: Strike X LLC v. Village at Gulfstream Park, LLC, et al. - Case No. CACE21016240 Mary, Following up on my voicemails, please give me a call back today. Thanks, Jennifer L. Junger Associate Greenberg Traurig, P.A. 333 S.E. 2nd Avenue 1 Suite 4400 I Miami, FL 33131 T 305.579.0560 I F 305.961.5698 I C 516 448 4667 iungerj@gtlaw.com I www.gtlaw.com I View GT Biography GreenbergTraurig If you are not an intended recipient of confidential and privileged information in this email, please delete it,notify us immediately atpostmaster@gtlaw.com, and do not use ordisseminate the information.