On July 24, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Kerns Capital Management, Inc.,
Kerns, Cody,
Wftmb Holdings Llc,
and
Bbrc Real Estate, Llc,
Brito Cutie, Rafael,
Da Rocha Gomes Bastos, Renan,
Fxwinning, Ltd.,
Kuschner, Julian,
Lopez, Jonathan,
Merino, David,
for Business Torts
in the District Court of Miami-Dade County.
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Filing # 189696360 E-Filed 01/12/2024 04:01:42 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2023-020202-CA-01
CODY KERNS, et al.,
Plaintiffs,
v.
FXWINNING, LTD., et al.,
Defendants.
/
PLAINTIFFS AND DEFENDANTS, JULIAN KUSCHNER AND JONATHAN LOPEZ’S,
JOINT MOTION TO DISMISS CLAIMS AGAINST
SAID DEFENDANTS WITH PREJUDICE
Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC
(collectively, “Plaintiffs”), and Defendants Julian Kuschner and Jonathan Lopez (collectively,
“Defendants Kuschner and Lopez”), jointly move to dismiss the claims against Defendants
Kuschner and Lopez with prejudice, and state:
1. On October 31, 2023, Plaintiffs filed their Amended Complaint in this action.
2. On or about December 27, 2023, Plaintiffs and Defendants Kuschner and Lopez
entered into a confidential settlement agreement and mutual general release (the “Settlement
Agreement”).
3. Plaintiffs and Defendants Kuschner and Lopez jointly request that this Court
dismiss with prejudice all of Plaintiffs’ claims against Defendants Kuschner and Lopez.
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4. This dismissal does not, and will not, affect any claims against any other defendant
in this action.
5. Plaintiffs and Defendants Kuschner and Lopez jointly request that the Court retain
jurisdiction to enforce the terms of the Settlement Agreement.
6. This request is made on a joint basis, is made in good faith, and will not prejudice
any party to this action.
WHEREFORE, Plaintiffs Cody Kerns, Kerns Capital Management, Inc., and WFTMB
Holdings, LLC, and Defendants Julian Kuschner and Jonathan Lopez, respectfully request that this
court enter an Order (1) dismissing all of Plaintiffs’ claims against Defendants Julian Kuschner
and Jonathan Lopez with prejudice and (2) retaining jurisdiction to enforce the terms of the
Settlement Agreement.
Dated: January 12, 2024 Respectfully submitted,
WHITE & CASE LLP SANCHEZ FISCHER LEVINE, LLP
200 S. Biscayne Blvd., Suite 4900 1200 Brickell Avenue, Suite 750
Miami, Florida 33131-2352 Miami, Florida 33133
Telephone: (305) 995-5259 Telephone: (305) 925-9947
Fascimile: (305) 358-5744
By: /s/ Jaime A. Bianchi By: /s/ David M. Levine
Jaime A. Bianchi David M. Levine, Esq.
Fla. Bar. No. 908533 Florida Bar No.: 84431
jbianchi@whitecase.com Email: dlevine@sfl-law.com
Secondary: eservice@sfl-law.com
Zachary B. Dickens Fausto Sanchez, Esq.
Fla. Bar No. 98935 Florida Bar No.: 86229
zdickens@whitecase.com Email: fsanchez@sfl-law.com
Lauren M. Allen, Esq.
Counsel for Defendants Florida Bar No.: 1018424
Julian Kuschner and Jonathan Lopez Email: lallen@sfl-law.com
Robert Kemper, Esq.
Florida Bar. No.: 1038549
Email: rkemper@sfl-law.com
Counsel for Plaintiffs
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CBL RULE 4.3 CERTIFICATE OF CONFERRAL
I HEREBY CERTIFY that on January 12, 2024 counsel for Plaintiffs conferred with
counsel for Defendants via e-mail regarding the relief requested herein and that Plaintiffs and
Defendants agree to the relief and request it on a joint basis.
By: /s/ David M. Levine
David M. Levine, Esq.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 9, 2024 counsel for Plaintiffs conferred with counsel
for Defendants via e-mail regarding the relief requested herein and that Plaintiffs and Defendants
agree to the relief and request it on a joint basis.
By: /s/ David M. Levine
David M. Levine, Esq.
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