On July 10, 148 a
No Value
was filed
involving a dispute between
Biberstein, Harry,
and
All Others Whom It May Concern,
Deville, Carol,
Frazer, Christine,
Golden Key Properties Llc,
Kirchberger, Andreas,
Kirchberger, Gabriel,
Kirchberger, Niclas X,
Moonstone Holdings, Llc, A Nevada Limited Liability Company,
Southern Shores Enterprises, Llc, A Florida Limited Liability Company,
for Other - Matters not falling within the Other Civil Subcategories
in the District Court of Charlotte County.
Preview
Filing # 94669259 E-Filed 08/23/2019 11:25:23 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
HARRY BIEBERSTEIN,
Plaintiff,
vs. CASE NO.: 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC, a
Florida limited liability company and
MOONSTONE HOLDINDINGS, LLC, a
Nevada limited liability company,
Defendants.
OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO GOLDEN KEY PROPERTIES, LLC
Defendant, Golden Key Properties, LLC (hereinafter “Golden”), objects to
Plaintiff's Request for Production bearing service date of July 25, 2019, as follows:
General Objection:
1 Golden generally objects to any Request for Production of
Documents which requires it to compile information from sources not readily available. Golden
will respond to any document based solely on the information available to it at the present time.
In preparing its responses, Golden has not consulted and has no obligation to consult, former
employees, agents or third parties over whom it has no control. Because discovery is ongoing,
Golden expressly reserves its rights and intends to continue to investigate and identify and
discover all documents during the pendency of this case; at trial, Golden intends to use such
documents, as well as documents within the possession, custody or control of persons or entities
not presently employed by or associated with Golden.
2. Golden generally objects to any Request to Produce that requires it to respond in
any manner beyond or different from than it would otherwise be required by the Florida Rules of
Civil Procedure.
3. Golden generally objects to any Request that requires it to purport or produce the
“entire, wn any," or "all," documents because it is unduly burdensome because Golden cannot
reasonably know or identify each such document.
4 Golden objects to each Request to the extent that the Request requires Golden to
produce documents or items protected from discovery under any applicable privilege.
5. Inadvertent disclosure or production of any documents subject herewith to any
privilege shall not constitute a waiver of any privilege or any grounds for objecting to the discovery
with respect to such document or any other document and with respect to the subject matter thereof
of the information contained therein, and shall not constitute a waiver of the right of Golden to
object to the use of any such document or information contained therein in any subsequent
proceedings.
6. Golden will furnish the Plaintiff with a log of documents and items withheld from
production on the basis of privilege, if any such documents or items exist, upon the Plaintiffs’ agreement
to furnish simultaneously a comparable log of documents and items that the Plaintiffs withheld or
intends to withhold from production in response to any production request propounded or hereafter
propounded by any party to this action, at a designated place and time.
7 Golden objects to any Request which purports to require the production of any items
containing confidential business information or proprietary information or trade secrets.
8 Production or identification of any document shall not constitute an admission
by Golden that the information contained in such document is accurate or that such
information is authentic or admissible, nor shall production or identification that any such
document waive the rights of Golden to object to the use of such document or information
contained therein in any subsequent proceeding.
Specific Objection:
9 The basis for this objection is that prior to service of the subject Request for
Production, Motions to Dismiss the Complaint were considered by this Court. This Court
specifically held:
1 The Out-of-Country Foreign Judgment entered by the
Ontario Superior Court of Justice on September 23, 2016
against Gabriel Kirchberger, Susanne Viktoria Schmidt,
Nomen Fitness, Inc., 487223 Ontario Limited and 1171852
Ontario Limited Carrying on Business as G.K. York
Management Service, is not a money judgment and therefore
cannot be recognized and enforced under the Out-of-Country
Foreign-Money Judgment Act.
Thus, the Court found that the judgment obtained by the Plaintiff in Canada is not a money
judgment and could not be domesticated in Charlotte County, Florida pursuant to the referenced
Out-of-Country Foreign Money Judgment Act. That Order was entered July 24, 2018. See Section
55.604, Florida Statutes. Thus, that ruling by this Court constitutes the law of the case. Florida
Department of Transportation y. Juliano, 801 So.2d 101 (Fla. 2001).
Further, 726.102 (4), Florida Statutes defines a "claim," as a right to payment,
whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent,
matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. Under
subsection (5) of that statute a "creditor," means a person who has a claim.
Thus, if Plaintiff is neither a creditor nor holds a claim, then discovery of financial worth
is not warranted. Thus, Plaintiff does not hold a "claim," to entitle him the requested discovery.
Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189 (Fla. 2003).
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with
the Clerk of Court via the Florida Courts E-Filing Portal which will serve as a notice of
electronic filing upon all counsel of record this 23rd day of August, 2019.
BAUR & KLEIN, P.A.
Attorneys for Golden Key Properties, LLC
and Andreas Kirchberger
New World Tower, Suite 2100
100 North Biscayne Boulevard
Miami, Florida 33132
Phone: (305) 377-35: 61 / Fax: (305) 371-4380
f
By: fi
CHRIS/MSPHER J. KLEIN —
Fla. Bar. 0.2 311855
ck worldwidelaw.com
ocardon: orldwidel: OM.
OM