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 # 86622749 E-Filed 03/19/2019 01:56:50 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
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.
/
PLAINTIFF’S MOTION TO SET ASIDE AND/OR AMEND
AGREED CASE MANAGEMENT PLAN AND ORDER
DATED MARCH 26, 2018.
COMES NOW the Plaintiff, HARRY BIERBERSTEIN (“BIEBERSTEIN’), by and through
his undersigned counsel, and files this, his Motion to set aside or amend the Case Management
Order entered by this Court on March 26, 2018 and in support thereof would state as follows:
1 The Agreed Case Management Plan and Order dated March 26, 2018 should be
set aside or amended for the following reasons:
a Defendant’s Motion to Dismiss was heard on June 18, 2018 and an Order
was entered on July 24, 2018.
b. An Amended Complaint was subsequently filed by the Plaintiff on
September 4, 2018.
C. The Defendants filed their Motions to Dismiss the Amended Complaint on
October 8, 2018.
2 As a result of the filing of the Amended Complaint and subsequent Motions to
Dismiss the Amended Complaint, the previous Case Management Order deadlines no longer
are pertinent and there has been no discovery conducted as a result of the outstanding Motions
to Dismiss.
3. Plaintiff has filed his Motion for Reconsideration of the Court's Order of July 24,
2018.
4 Defendant, GABRIEL KIRCHBERGER, retained new counsel, Glenn N. Siegel,
Esq., replacing previous counsel, Robert Segur, Esq.
WHEREFORE, Plaintiff, HARRY BIEBERSTEIN, respectfully requests this Court set
aside and/or amend the previous Case Management Order.
Dated this 19" day of March, 2019.
WOODS, WEIDENMILLER, MICHETTI &
RUDNICK, LLP
By: /s/__Mark A. Slack
Mark A. Slack
Florida Bar No. 394785
9045 Strada Stell Court, Suite 400
Naples, FL 34109
(239) 325-4070 — Telephone
(239) 325-4080 — Facsimile
mslack@lawfirmnaples.com (Primary)
msilvestri@lawfirmnaples.com (Secondary)
ervice@lawfirmnaples.com (Secondary)
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 19th day of March, 2019, a true and correct copy of the
foregoing has been electronically filed with the Clerk of Court via the Florida Courts E-Filing
Portal which will send notification to the following counsel of record: Glenn N. Siegel, Esq.,
kim@glennsiegellaw.com; David K. Oaks, Esq., doaksesgq@comcast.net, Robert W. Segur,
Esq., legai@segurlaw.net.
WOODS, WEIDENMILLER, MICHETTI &
RUDNICK, LLP
By: /s/ Mark A. Slack
Mark A. Slack
Florida Bar No. 394785
9045 Strada Stell Court, Suite 400
Naples, FL 34109
(239) 325-4070 — Telephone
(239) 325-4080 — Facsimile
mslack@lawfirmnaples.com
msilvestri@lawfirmnaples.com
ervice@lawfirmnaples.com
Preview
Filing # 86622749 E-Filed 03/19/2019 01:56:50 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, 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. / PLAINTIFF’S MOTION TO SET ASIDE AND/OR AMEND AGREED CASE MANAGEMENT PLAN AND ORDER DATED MARCH 26, 2018. COMES NOW the Plaintiff, HARRY BIERBERSTEIN (“BIEBERSTEIN’), by and through his undersigned counsel, and files this, his Motion to set aside or amend the Case Management Order entered by this Court on March 26, 2018 and in support thereof would state as follows: 1 The Agreed Case Management Plan and Order dated March 26, 2018 should be set aside or amended for the following reasons: a Defendant’s Motion to Dismiss was heard on June 18, 2018 and an Order was entered on July 24, 2018. b. An Amended Complaint was subsequently filed by the Plaintiff on September 4, 2018. C. The Defendants filed their Motions to Dismiss the Amended Complaint on October 8, 2018. 2 As a result of the filing of the Amended Complaint and subsequent Motions to Dismiss the Amended Complaint, the previous Case Management Order deadlines no longer are pertinent and there has been no discovery conducted as a result of the outstanding Motions to Dismiss. 3. Plaintiff has filed his Motion for Reconsideration of the Court's Order of July 24, 2018. 4 Defendant, GABRIEL KIRCHBERGER, retained new counsel, Glenn N. Siegel, Esq., replacing previous counsel, Robert Segur, Esq. WHEREFORE, Plaintiff, HARRY BIEBERSTEIN, respectfully requests this Court set aside and/or amend the previous Case Management Order. Dated this 19" day of March, 2019. WOODS, WEIDENMILLER, MICHETTI & RUDNICK, LLP By: /s/__Mark A. Slack Mark A. Slack Florida Bar No. 394785 9045 Strada Stell Court, Suite 400 Naples, FL 34109 (239) 325-4070 — Telephone (239) 325-4080 — Facsimile mslack@lawfirmnaples.com (Primary) msilvestri@lawfirmnaples.com (Secondary) ervice@lawfirmnaples.com (Secondary) Attorneys for Plaintiff CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 19th day of March, 2019, a true and correct copy of the foregoing has been electronically filed with the Clerk of Court via the Florida Courts E-Filing Portal which will send notification to the following counsel of record: Glenn N. Siegel, Esq., kim@glennsiegellaw.com; David K. Oaks, Esq., doaksesgq@comcast.net, Robert W. Segur, Esq., legai@segurlaw.net. WOODS, WEIDENMILLER, MICHETTI & RUDNICK, LLP By: /s/ Mark A. Slack Mark A. Slack Florida Bar No. 394785 9045 Strada Stell Court, Suite 400 Naples, FL 34109 (239) 325-4070 — Telephone (239) 325-4080 — Facsimile mslack@lawfirmnaples.com msilvestri@lawfirmnaples.com ervice@lawfirmnaples.com