No Value: BIBERSTEIN, HARRY vs. KIRCHBERGER, GABRIEL

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                                Filing # 100641156 E-Filed 12/20/2019 11:17:54 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.


         GOLDEN KEY PROPERTIES, LLC’S RESPONSE TO PLAINTIFF'S REQUEST FOR
                            PRODUCTION OF DOCUMENTS


              Defendant, Golden Key Properties, LLC (hereinafter “Golden”), responds to

        Plaintiff's Request for Production bearing service date of July 25, 2019, as follows:


                                              General Objections

               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.

         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.

         Golden generally objects to any Request that requires it to purport or produce the "entire,"

“any," or "all," documents because it is unduly burdensome        because Golden     cannot reasonably

know or identify each such document.

         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.

        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.

        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.

        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.

                                          Effect of Court Order

          This response has been tailored to comply with this Court’s Order of November 22,

2019.

                                         Specific Response:



          Golden has produced documents responsive to this request
          Golden has produced documents responsive to this request
          Golden has no documents responsive to this request
          Golden has no documents responsive to this request
          Golden has no documents responisive to this request
          Golden has no documents responsive to this request
          Golden has no documents responsive to this request
          Golden has no documents responsive to this request
          Golden has no docuements responsive to this request
   10    Golden has produced documents responsive to this request
   11    Golden has produced a document responsive to this request
   12    Golden has no documents responsive to this request
   13.   Golden has produced documents responsive to this request
   14    Golden has no documents responsive to this request
   15.   Golden has no documents responsive to this request
   16.   Golden has no documents responsive to this request
   17.   Golden has produced a document responsive to this request
   18.   Golden has no documents responsive to this request
   19.   Golden has produced documents responsive to this request
  20.    Golden has no documents responsive to this request
  21.    Golden has no documents responsive to this request
  22.    Golden does not have to produce any documents responsive to this request
  23.    Golden does not have to produce any documents responsive to this request
  24.    Golden has no documents responsive to this request
  25.    Golden has produced documents responsive to this request
  26.    Golden does not have to produce any documents responsive to this request
  27.    Golden does not have to produce any documents responsive to this request
  28.    Golden does not have to produce any documents responsive to this request
  29.    The pleadings are not yet at issue, and a complete analysis of Golden’s trial intentions
         has not yet been done, but Golden has produced some documents responsive to this
         request.
30. The pleadings are not    yet at issue, and a complete analysis of Golden’s trial intentions
        has not yet been done,    but Golden has produced some documents responsive to this
        request.
    31. The pleadings are not    yet at issue, and a complete analysis of Golden’s trial intentions
        has not yet been done,    but Golden has produced some documents responsive to this
        request.

                                 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 20th day of December, 2019.



                                               BAUR & KLEIN, P.A.
                                               Attorneys for Golden Key Properties, LLC
                                               and Andreas Kirchberger
                                               Brickell Bay Office Tower, Suite 1200
                                               1001 Brickell Bay Drive
                                               Miami, Florida 33131
                                               Phone: (305) 377-3561 / Fax: (305) 371-4380




                                                      iok A
                                                           4 ve   4
                                               By
                                                                  STOPHER J. KLEIN —
                                                        j Bar. No.: 311855
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