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Filing# 168339433 E-Filed 03/08/2023 06:13:27 PM
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 FIFTH AMENDED NOTICE OF TAKING
DEPOSITION OF THE CORPORATE REPRESENTATIVE OF STRIKE X, LLC
(Via Video Conference)
PLEASE TAKE NOTICE that the undersigned attorneys will take the depositionof the
followingnamed deponent:
Deponent Date Location
The Corporate Representative March 2023
ZOOM DETAILS: For
16,
of Strike X, LLC at 10:00 am securitythe Zoom link will be
provided via phone or email
in advance of the deposition.
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:
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
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/08/2023 06:13:27 PM.****
1. The factual allegationsset forth in the operative Complaintland proposed
Amended Complaint and all exhibits thereto.
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 pertaining
to 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 pertaining
to 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.
1
terms not defined herein shall have the definition used in Defendant's First Request for Production
All capitalized
to Plaintiff.
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
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.
15. Any and all of Your Knowledge that Plaintiff"substantially
performed under the
Lease by timely doing everythingthat was requiredof it."
16. Any and all of Your Knowledge that Defendant has failed to exercise reasonable
diligenceand promptness in undertaking and 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.
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
24. Any and all of Your knowledge that Defendant has engaged in "unconscionable
acts or practices."
25. Your Boca Raton location includingits operations, lease negotiations,
facilities,
expenses, and profits.
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
proceed with reasonable diligence, declare Strike X
and engaged in a conspiracyto pretextually in
default of the Lease.
30. Any and all of Your knowledge that Landlord and/or Stronach fraudulentlyor
induced Strike
negligently 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
the depositionphoto identification or such other satisfactory
evidence of identification. 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.
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
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.
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
Attorneys for 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
generatedby the Florida Court E-FilingPortal,this 8th 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
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
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
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
Preview
Filing# 168339433 E-Filed 03/08/2023 06:13:27 PM 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 FIFTH AMENDED NOTICE OF TAKING DEPOSITION OF THE CORPORATE REPRESENTATIVE OF STRIKE X, LLC (Via Video Conference) PLEASE TAKE NOTICE that the undersigned attorneys will take the depositionof the followingnamed deponent: Deponent Date Location The Corporate Representative March 2023 ZOOM DETAILS: For 16, of Strike X, LLC at 10:00 am securitythe Zoom link will be provided via phone or email in advance of the deposition. 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: 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 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/08/2023 06:13:27 PM.**** 1. The factual allegationsset forth in the operative Complaintland proposed Amended Complaint and all exhibits thereto. 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 pertaining to 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 pertaining to 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. 1 terms not defined herein shall have the definition used in Defendant's First Request for Production All capitalized to Plaintiff. 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 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. 15. Any and all of Your Knowledge that Plaintiff"substantially performed under the Lease by timely doing everythingthat was requiredof it." 16. Any and all of Your Knowledge that Defendant has failed to exercise reasonable diligenceand promptness in undertaking and 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. 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 24. Any and all of Your knowledge that Defendant has engaged in "unconscionable acts or practices." 25. Your Boca Raton location includingits operations, lease negotiations, facilities, expenses, and profits. 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 proceed with reasonable diligence, declare Strike X and engaged in a conspiracyto pretextually in default of the Lease. 30. Any and all of Your knowledge that Landlord and/or Stronach fraudulentlyor induced Strike negligently 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 the depositionphoto identification or such other satisfactory evidence of identification. 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. 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 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. 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 Attorneys for 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 generatedby the Florida Court E-FilingPortal,this 8th 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 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 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 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