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Filing # 95499437 E-Filed 09/11/2019 08:58:17 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
Vv. Case No. 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC,
a Florida limited liability company, and
MOONSTONE HOLDINGS, LLC, a Nevada
limited liability company,
Defendants.
/
MOTION FOR ENTRY OF CASE MANAGEMENT ORDER
Plaintiff/Judgment Creditor, HARRY BIEBERSTEIN, by and through undersigned
counsel and pursuant to Rules 1.100(b) and 1.200(a) of the Florida Rules of Civil Procedure,
moves this Court for entry of a Case Management Order, and in support thereof states:
1 This is a multi-count action where Plaintiff seeks to enforce foreign debt
instruments which a foreign court has already recognized are valid and enforceable, seeks to set
aside fraudulent transfers from the debtor on the debt instruments, and seeks to have certain
entities declared the alter ego of the debtor.
2 At present, there are over 20 motions pending before the Court which require
hearing and other motions that are expected to be filed shortly. Some of the motions are
evidentiary in nature. Some of the motions are directed towards discovery which
Plaintiff/Judgment Creditor believes is necessary in order to prepare for the evidentiary hearings.
The undersigned counsel anticipates that it will be difficult, if not impossible, to schedule the
motions for hearing in an order that makes sense without the assistance of the Court.
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Additionally, some of the motions will require extended hearing time. There are five law firms
representing the various parties, which also makes scheduling hearing time difficult.
3 Therefore, pursuant to Rule 1.200(a), of the Florida Rules of Civil Procedure,
Plaintiff requests that this Court schedule and convene a Case Management Conference whereat
an appropriate Case Management Order should be entered providing for:
(a) determining the order in which the pending motions should be heard by the Court;
(b) deadlines for filing memoranda in opposition to pending motions;
(c) scheduling pending motions;
(d) establishing the order of discovery including document production, third-party
subpoenas, and depositions;
(e) participation in mediation, if appropriate;
(f) the setting of a trial date; and
(g) for any other matters that may aid in the disposition of this action.
WHEREFORE, Plaintiff/Judgment Creditor, HARRY BIEBERSTEIN, respectfully
requests that this Court grant its Motion for Entry of Case Management Order, together with
such other and further relief as this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on September
11, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a
notice of electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock
Circle, Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel
Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite
101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and
Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S.
McCall Road PMB 56, Englewood, Florida 34224, at legal@segurlaw.net, Counsel for
57393249-1
Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein,
Esquire, Baur & Klein, P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard,
Miami, Florida 33132, at Cklein@worldwidelaw.com and Qcardonne@worldwidelaw.com.
Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: an.owen@arlaw.cor
Secondary: drew.chesanek@arlaw.com
Secondary: deborah.woodson@arlaw.com
Phone: (941) 316-7600
Counsel for Harry Bieberstein
By:/s/ Ryan W. Owen
Ryan W. Owen
Florida Bar No. 0029355
Drew F, Chesanek
Florida Bar No. 115933
57393249-1
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Filing # 95499437 E-Filed 09/11/2019 08:58:17 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, Vv. Case No. 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company, and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants. / MOTION FOR ENTRY OF CASE MANAGEMENT ORDER Plaintiff/Judgment Creditor, HARRY BIEBERSTEIN, by and through undersigned counsel and pursuant to Rules 1.100(b) and 1.200(a) of the Florida Rules of Civil Procedure, moves this Court for entry of a Case Management Order, and in support thereof states: 1 This is a multi-count action where Plaintiff seeks to enforce foreign debt instruments which a foreign court has already recognized are valid and enforceable, seeks to set aside fraudulent transfers from the debtor on the debt instruments, and seeks to have certain entities declared the alter ego of the debtor. 2 At present, there are over 20 motions pending before the Court which require hearing and other motions that are expected to be filed shortly. Some of the motions are evidentiary in nature. Some of the motions are directed towards discovery which Plaintiff/Judgment Creditor believes is necessary in order to prepare for the evidentiary hearings. The undersigned counsel anticipates that it will be difficult, if not impossible, to schedule the motions for hearing in an order that makes sense without the assistance of the Court. 57393249-1 Additionally, some of the motions will require extended hearing time. There are five law firms representing the various parties, which also makes scheduling hearing time difficult. 3 Therefore, pursuant to Rule 1.200(a), of the Florida Rules of Civil Procedure, Plaintiff requests that this Court schedule and convene a Case Management Conference whereat an appropriate Case Management Order should be entered providing for: (a) determining the order in which the pending motions should be heard by the Court; (b) deadlines for filing memoranda in opposition to pending motions; (c) scheduling pending motions; (d) establishing the order of discovery including document production, third-party subpoenas, and depositions; (e) participation in mediation, if appropriate; (f) the setting of a trial date; and (g) for any other matters that may aid in the disposition of this action. WHEREFORE, Plaintiff/Judgment Creditor, HARRY BIEBERSTEIN, respectfully requests that this Court grant its Motion for Entry of Case Management Order, together with such other and further relief as this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on September 11, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock Circle, Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S. McCall Road PMB 56, Englewood, Florida 34224, at legal@segurlaw.net, Counsel for 57393249-1 Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein, Esquire, Baur & Klein, P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard, Miami, Florida 33132, at Cklein@worldwidelaw.com and Qcardonne@worldwidelaw.com. Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: an.owen@arlaw.cor Secondary: drew.chesanek@arlaw.com Secondary: deborah.woodson@arlaw.com Phone: (941) 316-7600 Counsel for Harry Bieberstein By:/s/ Ryan W. Owen Ryan W. Owen Florida Bar No. 0029355 Drew F, Chesanek Florida Bar No. 115933 57393249-1