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Filing # 68187864 E-Filed 02/20/2018 12:29:20 PM
IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EUGENIO MARRAPODI, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO.: CACE 15-022322 (05)
vs.
MICHAEL DRAGIN, MARTINI
INTERNATIONAL MOVERS, LLC, a New
Jersey limited liability company, and F.O.X.
INTERMODAL CORP., a New Jersey
corporation,
Defendants.
PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT
F.O.X. INTERMODAL CORP.’S MOTION TO DISMISS FOR LACK OF
LONG ARM JURISDICTION AND TO QUASH SERVICE OF PROCESS
Plaintiff, Eugenio Marrapodi, by and through undersigned counsel, hereby files his
response in opposition to Defendant F.O.X. Intermodal Corp.’s (“FOX Intermodal”) Motion to
Dismiss for Lack of Long Arm Jurisdiction and to Quash Service of Process (“Motion to
Dismiss”), and states as follows:
1 INTRODUCTION
1. Marrapodi initiated the instant litigation to recover damages resulting from
Defendants’ failure to complete the receiving and customs processing of Plaintiff’s personal assets
and goods that were shipped to the Port of Everglades, which were left to rot in a shipping
container. FOX Intermodal attempts to avoid this Court’s jurisdiction by misstating the allegations
of the Complaint and filing an affidavit that is directly contradicted by its own employees’ e-mail
communications with Marrapodi. As the ensuing sections demonstrate, FOX Intermodal is subject
to this Court’s long-arm jurisdiction and the Motion to Dismiss must be denied.
00020222.DOCX. 1 Page |1
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/20/2018 12:29:20 PM.****I. ARGU
A. Plaintiff Sufficiently Pled Jurisdictional Facts to Subject Defendant to Florida’s
Long-Arm Statute.
2. This Court has long-arm jurisdiction over FOX Intermodal under Fla. Stat. §
48.193(1)(a)(2) for committing a tortious act within this state, and Fla. Stat. § 48.193(1)(a)(6)(b)
for causing injury to property within this state. Specifically, Fla. Stat. § 48.193(1)(a)(6)(b) states:
Causing injury to persons or property within this state arising out of
an act or omission by the defendant outside this state, if, at or about
the time of the injury, [p]roducts, materials or things processed,
serviced, or manufactured by the defendant anywhere were used or
consumed within this state in the ordinary course of commerce,
trade, or use.
3. The first inquiry in determining whether long-arm jurisdiction is appropriate is
whether the complaint alleges sufficient jurisdictional facts under Fla. Sta. § 48.193. See Venetian
Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla. 1989).
4. The Motion to Dismiss plainly ignores the allegations that it was to perform all
services related to receiving and processing Marrapodi’s goods upon arrival at the Port of
Everglades. See Compl. at §§ 9, 10, 13 — 17.
5. Florida law is clear that a defendant is subject to this Court’s long-arm jurisdiction,
when the allegations demonstrate that the “defendant failed to perform an act or acts whose
performance was to be in Florida and that such breach formed the basis for the cause of action for
which relief is sought by the plaintiff.” See Washington Capital Corp. v. Milandco, Ltd., Inc., 695
So. 2d 838, 841 (Fla. 4th DCA 1997).
6. Here, the Complaint alleges that Defendant FOX Intermodal, and its employee,
Defendant Dragin, were to handle the receiving and customs processes associated with Plaintiff's
goods upon its arrival at the Port of Everglades. See Compl. at §] 9 & 10. The Complaint further
00020222.DOCX. 1 Page |2
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474alleges that “[a]t all times material hereto, Plaintiff was under the assumption and belief that the
Wire was for the services Defendant Fox Intermodal was to perform in connection with Plaintiff's
Goods and his agreement with non-party Speedy Moving.” /d. at § 13. As a direct and proximate
result of FOX Intermodal’s failure to complete the receiving and customs processes of Plaintiff's
goods, Marrapodi’s goods were damaged. /d. at §§ 14-17.
7. Accordingly, the Complaint alleges sufficient facts to establish long-arm
jurisdiction under Fla. Stat. §§ 48.193(1)(a)(2) & (1)(a)(6)(b). See Renaissance Health Pub., LLC
v. Resveratrol Partners, LLC, 982 So. 2d 739, 741 (Fla. 4th DCA 2008) (holding that a
“defendant’s physical presence” in Florida is not required to commit a tortious act in Florida under
the long-arm statute, and finding a foreign limited liability company was subject to Florida’s
jurisdiction for tortious acts committed by agent within the state).
B. Defendant Possesses Sufficient Minimum Contacts to Satisfy Due Process
Requirements.
8. FOX Intermodal’s wholesale denial of conducting any business in Florida, let alone
with Marrapodi, are in direct contradiction to the e-mail correspondences between FOX Intermodal
and Marrapodi. A copy of the Affidavit of Eugenio Marrapodi is attached hereto as Exhibit A.
9. For example, on December 19, 2012, FOX Intermodal, through its “Warehouse
Manager,” Mike Dragin, e-mailed Marrapodi in furtherance of receiving the goods in the Port of
Everglades, and stated: “No bother at all, let’s get the customs release first. Then will see about
the delivery.” See Exh. D to Aff of Eugenio Marrapodi. For yet another example, Mike Dragin
sent an English copy of Marrapodi’s Packing List to process Marrapodi’s goods through customs
at the Port of Everglades. See Ex. F to Aff: of Eugenio Marrapodi.
00020222.DOCX. 1 Page |3
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.547410.
At all times material hereto, Defendant Mike Dragin utilized a FOX Intermodal e-
mail address and signature block in his correspondence with Eugenio Marrapodi, who was located
in Florida. See Aff: of Eugenio Marrapodi at § 4.
ll.
For the foregoing reasons, the Motion to Dismiss should be denied.
Respectfully submitted,
THE ALDERMAN LAW FIRM
Counsel for Plaintiff
9999 NE 2nd Avenue, Suite 211
Miami Shores, Florida 33138
Telephone: 305-200-5473
Facsimile: 305-200-5474
Email: jalderman@thealdermanlawfirm.com
By: /s/ Troy A. Tolentino
Jason R. Alderman
Florida Bar No. 172375
Troy A. Tolentino
Florida Bar No. 117981
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail to Edward F. Holodak, Esq. edward@holodakpa.com this 20" day of February
2018.
00020222.DOCX. 1
/s/ Troy A. Tolentino
Troy A. Tolentino
Page |4
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474EXHIBIT AIN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EUGENIO MARRAPODI, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO.: CACE 15-022322 (05)
VS.
MICHAEL DRAGIN, MARTINI
INTERNATIONAL MOVERS, LLC, a New
Jersey limited liability company, and F.O.X.
INTERMODAL CORP., a New Jersey
corporation;
Defendants.
AFFIDAVIT OF EUGENIO MARRAPODI
BEFORE ME, the undersigned authority personally appeared, Eugenio Marrapodi, who,
being duly sworn according to law, deposes and states:
1. My name is Eugenio Marrapodi and I am over the age of twenty-one (21).
2. On or around November 26, 2012, I entered into an agreement with non-parties
Mediterranean Shipping Company S.A. and Speedy Moving, for the shipment of personal furniture
and valuables from Milan, Italy, to Port Everglades, Florida. Non-party Speedy Moving informed
me that FOX Intermodal would handle the receivership of my goods in Port Everglades, Florida,
and that Defendant Mike Dragin would be my contact for the company. A copy of non-party
Speedy Moving’s correspondence is attached hereto as Exhibit A. A copy of non-party Speedy
Moving’s correspondence with Defendant Mike Dragin relating to Defendant FOX Intermodal’s
handling of my goods in Port Everglades, Florida is attached hereto as Exhibit B.
3. In furtherance of the agreement to handle the receivership of my goods in Port
Everglades, Florida, Defendant FOX Intermodal performed the following actions:
Page |1 oe
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 e fax.305.200.5474a. On December 14, 2012, Defendant Mike Dragin, using a FOX Intermodal
email address, sent me a United States Declaration for Free Entry of Unaccompanied Articles form
to fill out in connection with the shipment of my goods to Port Everglades, Florida. A copy of the
email correspondence is attached hereto as Exhibit C.
b. From December 17, 2012 through December 19, 2012, Defendant Mike
Dragin sent me a series of updates on my goods in Port Everglades, Florida, using a FOX
Intermodal email address. A copy of these emails are attached hereto as Exhibit D.
c. On December 20, 2012, Defendant Mike Dragin, using a FOX Intermodal
email address, sent me a request for wire transfer to handle the receivership of my goods in Port
Everglades, Florida, which I paid. A copy of the email is attached hereto as Exhibit E.
d. On December 21, 2012, Defendant FOX Intermodal, through its employees,
communicated a translated copy of my packing list to non-party Ocean Star International, Inc., in
furtherance of the shipment of my goods to Port Everglades, Florida. A copy of the email
correspondence is attached hereto as Exhibit F.
4. At all times material hereto, Defendant Mike Dragin represented and held himself
out to be the “Warehouse Manager” for Defendant FOX Intermodal. Further, Defendant Mike
Dragin handled the receivership of my goods to Port Everglades, Florida that are subject to the
above styled action, as an employee representing FOX Intermodal.
5. Asa direct and proximate result of Defendant FOX Intermodal’s failure to complete
the process of receiving my goods at Port Everglades, Florida, my valuables were left abandoned
in a shipping container at the port and were damaged. Furthermore, I incurred additional fees by
the Port of Everglades as a result of FOX Intermodal’s abandonment of my valuables.
Page [2 ae
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax.305.200.5474FURTHER AFFIANT SAYETH NAUGHT.
/ Ay
Eugenio Marrapodi /
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this a day of Wn >
2018 by vaio Marceeedi who is personally known to me or 0) who has
produced 7 as identification.
WITNESS my hand and official seal in the County and State last aforesaid this iVday
of » 2018.
NOT, PUBLIC, State of Florida ¥
Print Name AD
Page |3
The Alderman Law Firm
9999 NE 2nd Ave., Suite 211 # Miami Shores, FL 33138 ¢ ph. 305.200.5473 @ fax.305.200.5474EXHIBIT AFrom: Emanuele Pareti
To: Eugenio Marrapodi; Eugenio Marrapodi
Subject: Fw: Quote
Date: Friday, December 21, 2012 3:34:58 AM
Attachments: -Re_Quote,em! (3.51 MB).msq
Buongiorno,
come vede ho inviato Molto tempo prima al mio collega ="email per contattarla in quanto
quella documentazione riguarda la dogana americana = non quella italiana.
Compili il Form che le ha dato il Sig. Mike, Chiedendo di Ritirare =| container a Breve.
Mandero un messaggio anche a Mike.
Best Regards/ Cordialita
Emanuele Pareti
SEA =HIPMENT
SPEEDY MOVING
Tel uff. 06.9003808
Fax 06 - 233290646
M: +39 348/2626579
www.speedymoving. it
wrote:
> Iwill call the broker this morning
>
> Mike Dragin
> Warehouse Manager
> FOX Intermodal
> 251 Monroe Street
> Kenilworth, NJ 07033
> 908-272-4820
> 908-272-7305
>
>
> anal Original Message-----
> From: Eugenio Marrapodi (mailto:eugenio.marrapodi@gmail.com}
> Sent: Saturday, December 15, 2012 10:59 PM
> To: Mike Dragin
> Subject: Re: Document.pdf
>
> Hi Mike,
> do you know when will be the delivery date?
> as I do not have a visa (only visa waiver), can I fill this form in the
name
> of my wife that is with visa and already approved for green card?
> thanks
> EUGENIO
>
> On 14/dic/2012, at 11:42, Mike Dragin wrote:>
>
> PLEASE FILL OUT THE FORMS. THANK YOU
>
> Mike Dragin
> Warehouse Manager
> FOX Intermodal
> 251 Monroe Street
> Kenilworth, NJ 07033
> 908-272-4820
> 908-272-7305
>
> ~----Original Message-----
> From: Tom McLaughlin [mailto:tom@foxintermodal.com]
> Sent: Wednesday, December 12, 2012 2:38 PM
> To: 'Mike Dragin’
> Subject: Document.pdf
>
> Document.pdf
>
>
>EXHIBIT EFrom: Eugenio Marrapodi
Subject: Fwd: WIRE TRANSFER INFORMATION
Date: Thursday, January 10, 2013 3:45:22 PM
From: "Mike Dragin"
Subject: WIRE TRANSFER INFORMATION
Date: 20 dicembre 2012 08:06:03 GMT-05:00
To: “Eugenio Marrapodi" <
Delivered-To:
Received: by 10.49.0.79 with SMTP id 15csp85357qec; Thu, 20 Dec 2012 05:06:04
-0800 (PST)
Received: from atl4mhob13.myregisteredsite.com
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id 0881949041 6vdv.38.2012.12.20.05.06.02; Thu, 20 Dec 2012 05:06:03 -0800 (PST)
Received: from mailpod. hostingplatform.com (mail. networksolutionsemail.com
[205.178.146.50]) by atl4mhob13.myregisteredsite.com (8.14.4/8.14.4) with ESMTP
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08:06:02 -0500
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13:06:01 -0000
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best guess record for domain of mike@foxintermodal.com) client-ip=209.17.115.51;
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neither permitted nor denied by best guess record for domain of
ike@foxi ) ilemike@toxi
Message-Id: <338C789A1 162433FB1B01440E616CBE1 @user29de23c159>
Mime-Version: 1.0
Content-Type: multipart/alternative; boundary="----
=_NextPart_000_0016_01CDDE88.DB506510"
X-Mailer: Microsoft Office Outlook 11
Thread-Index: Ac3essPqLVeX8BSIQQulfl0vpw8XxQ==
X-Mimeole: Produced By Microsoft MimeOLE V6.00.2900.6157
Mr. Marrapodi. Please see the wire transfer information.
| NEED YOU TO TRANSFER $ 2700.00
TD BANK
560 NORTH AVENUE EAST
WESTFIELD NJ 07090
PH- 908- 232-4232MARTINI INTERNATIONAL MOVERS LLC.
68 WHITE STREET
RED BANK NJ 07701
732-882-4354
AC
ABA - ROUTING # =
SWIFT-CODE # NRTHUS33XXX FOR INTERNATIONAL WIRE TRANFERS
Mike Dragin
Warehouse Manager
FOX Intermodal
251 Monroe Street
Kenilworth, NJ 07033
908-272-4820
908-272-7305EXHIBIT FFrom: Mike Dragin
To: i"
Subject: FW: Document.pdf
Date: Friday, December 21, 2012 1:25:47 PM
Mike Dragin
Warehouse Manager
FOX Intermodal
251 Monroe Street
Kenilworth, NJ 07033
908-272-4820
908-272-7305
-----Original Message----~
From: Scott (mailto:scott@osishipping.com]
Sent: Friday, December 21, 2012 1:06 PM
To: 'Mike Dragin’
Subject: RE: Document.pdf
Hello Mike,
Customs is asking:
After review of this translated packing list, need clarifications on the
following please; #50 Cellar, #57-60, 65 Bottles, #294 Furniture?, #320 2,
#395 Formiture?
Let me know, thanks,
Ocean Star International
Scott Kalinowski | Managing Director
Ocean Star International, Inc, |3961 NW 126th Ave. | Coral Springs, FL
33065
1. 877-524-7447
954-753-4533 | £, 954-337-0731 | w.
OSI is an environmentally responsible company - Please consider the
environment before printing this email
Visit Ocean Star International on Facebook!OSI Corporate Relocation RSS
FeedVisit Ocean Star International Movers on YouTubeOcean Star International
Shipping on Twitter
-----Original Message-----
From: Mike Dragin [mailto:mike@foxintermodal.com]
Sent: Friday, December 21, 2012 12:11 PMTo: ‘Scott!
Subject: FW: Document.pdf
HI SCOTT PACKING LIST IN ENGLISH
Mike Dragin
Warehouse Manager
FOX Intermodal
251 Monroe Street
Kenilworth, NJ 07033
908-272-4820
908-272-7305
iginal Message-----
From: Tom McLaughlin [mailto:tom@foxintermodal.com}
Sent; Friday, December 21, 2012 12:03 PM
To: ‘Mike Dragin'
Subject: Document.pdf
Document.pdf
Preview
Filing # 68187864 E-Filed 02/20/2018 12:29:20 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EUGENIO MARRAPODI, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO.: CACE 15-022322 (05) vs. MICHAEL DRAGIN, MARTINI INTERNATIONAL MOVERS, LLC, a New Jersey limited liability company, and F.O.X. INTERMODAL CORP., a New Jersey corporation, Defendants. PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT F.O.X. INTERMODAL CORP.’S MOTION TO DISMISS FOR LACK OF LONG ARM JURISDICTION AND TO QUASH SERVICE OF PROCESS Plaintiff, Eugenio Marrapodi, by and through undersigned counsel, hereby files his response in opposition to Defendant F.O.X. Intermodal Corp.’s (“FOX Intermodal”) Motion to Dismiss for Lack of Long Arm Jurisdiction and to Quash Service of Process (“Motion to Dismiss”), and states as follows: 1 INTRODUCTION 1. Marrapodi initiated the instant litigation to recover damages resulting from Defendants’ failure to complete the receiving and customs processing of Plaintiff’s personal assets and goods that were shipped to the Port of Everglades, which were left to rot in a shipping container. FOX Intermodal attempts to avoid this Court’s jurisdiction by misstating the allegations of the Complaint and filing an affidavit that is directly contradicted by its own employees’ e-mail communications with Marrapodi. As the ensuing sections demonstrate, FOX Intermodal is subject to this Court’s long-arm jurisdiction and the Motion to Dismiss must be denied. 00020222.DOCX. 1 Page |1 The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/20/2018 12:29:20 PM.****I. ARGU A. Plaintiff Sufficiently Pled Jurisdictional Facts to Subject Defendant to Florida’s Long-Arm Statute. 2. This Court has long-arm jurisdiction over FOX Intermodal under Fla. Stat. § 48.193(1)(a)(2) for committing a tortious act within this state, and Fla. Stat. § 48.193(1)(a)(6)(b) for causing injury to property within this state. Specifically, Fla. Stat. § 48.193(1)(a)(6)(b) states: Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, [p]roducts, materials or things processed, serviced, or manufactured by the defendant anywhere were used or consumed within this state in the ordinary course of commerce, trade, or use. 3. The first inquiry in determining whether long-arm jurisdiction is appropriate is whether the complaint alleges sufficient jurisdictional facts under Fla. Sta. § 48.193. See Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla. 1989). 4. The Motion to Dismiss plainly ignores the allegations that it was to perform all services related to receiving and processing Marrapodi’s goods upon arrival at the Port of Everglades. See Compl. at §§ 9, 10, 13 — 17. 5. Florida law is clear that a defendant is subject to this Court’s long-arm jurisdiction, when the allegations demonstrate that the “defendant failed to perform an act or acts whose performance was to be in Florida and that such breach formed the basis for the cause of action for which relief is sought by the plaintiff.” See Washington Capital Corp. v. Milandco, Ltd., Inc., 695 So. 2d 838, 841 (Fla. 4th DCA 1997). 6. Here, the Complaint alleges that Defendant FOX Intermodal, and its employee, Defendant Dragin, were to handle the receiving and customs processes associated with Plaintiff's goods upon its arrival at the Port of Everglades. See Compl. at §] 9 & 10. The Complaint further 00020222.DOCX. 1 Page |2 The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474alleges that “[a]t all times material hereto, Plaintiff was under the assumption and belief that the Wire was for the services Defendant Fox Intermodal was to perform in connection with Plaintiff's Goods and his agreement with non-party Speedy Moving.” /d. at § 13. As a direct and proximate result of FOX Intermodal’s failure to complete the receiving and customs processes of Plaintiff's goods, Marrapodi’s goods were damaged. /d. at §§ 14-17. 7. Accordingly, the Complaint alleges sufficient facts to establish long-arm jurisdiction under Fla. Stat. §§ 48.193(1)(a)(2) & (1)(a)(6)(b). See Renaissance Health Pub., LLC v. Resveratrol Partners, LLC, 982 So. 2d 739, 741 (Fla. 4th DCA 2008) (holding that a “defendant’s physical presence” in Florida is not required to commit a tortious act in Florida under the long-arm statute, and finding a foreign limited liability company was subject to Florida’s jurisdiction for tortious acts committed by agent within the state). B. Defendant Possesses Sufficient Minimum Contacts to Satisfy Due Process Requirements. 8. FOX Intermodal’s wholesale denial of conducting any business in Florida, let alone with Marrapodi, are in direct contradiction to the e-mail correspondences between FOX Intermodal and Marrapodi. A copy of the Affidavit of Eugenio Marrapodi is attached hereto as Exhibit A. 9. For example, on December 19, 2012, FOX Intermodal, through its “Warehouse Manager,” Mike Dragin, e-mailed Marrapodi in furtherance of receiving the goods in the Port of Everglades, and stated: “No bother at all, let’s get the customs release first. Then will see about the delivery.” See Exh. D to Aff of Eugenio Marrapodi. For yet another example, Mike Dragin sent an English copy of Marrapodi’s Packing List to process Marrapodi’s goods through customs at the Port of Everglades. See Ex. F to Aff: of Eugenio Marrapodi. 00020222.DOCX. 1 Page |3 The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 @ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.547410. At all times material hereto, Defendant Mike Dragin utilized a FOX Intermodal e- mail address and signature block in his correspondence with Eugenio Marrapodi, who was located in Florida. See Aff: of Eugenio Marrapodi at § 4. ll. For the foregoing reasons, the Motion to Dismiss should be denied. Respectfully submitted, THE ALDERMAN LAW FIRM Counsel for Plaintiff 9999 NE 2nd Avenue, Suite 211 Miami Shores, Florida 33138 Telephone: 305-200-5473 Facsimile: 305-200-5474 Email: jalderman@thealdermanlawfirm.com By: /s/ Troy A. Tolentino Jason R. Alderman Florida Bar No. 172375 Troy A. Tolentino Florida Bar No. 117981 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail to Edward F. Holodak, Esq. edward@holodakpa.com this 20" day of February 2018. 00020222.DOCX. 1 /s/ Troy A. Tolentino Troy A. Tolentino Page |4 The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax 305.200.5474EXHIBIT AIN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EUGENIO MARRAPODI, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO.: CACE 15-022322 (05) VS. MICHAEL DRAGIN, MARTINI INTERNATIONAL MOVERS, LLC, a New Jersey limited liability company, and F.O.X. INTERMODAL CORP., a New Jersey corporation; Defendants. AFFIDAVIT OF EUGENIO MARRAPODI BEFORE ME, the undersigned authority personally appeared, Eugenio Marrapodi, who, being duly sworn according to law, deposes and states: 1. My name is Eugenio Marrapodi and I am over the age of twenty-one (21). 2. On or around November 26, 2012, I entered into an agreement with non-parties Mediterranean Shipping Company S.A. and Speedy Moving, for the shipment of personal furniture and valuables from Milan, Italy, to Port Everglades, Florida. Non-party Speedy Moving informed me that FOX Intermodal would handle the receivership of my goods in Port Everglades, Florida, and that Defendant Mike Dragin would be my contact for the company. A copy of non-party Speedy Moving’s correspondence is attached hereto as Exhibit A. A copy of non-party Speedy Moving’s correspondence with Defendant Mike Dragin relating to Defendant FOX Intermodal’s handling of my goods in Port Everglades, Florida is attached hereto as Exhibit B. 3. In furtherance of the agreement to handle the receivership of my goods in Port Everglades, Florida, Defendant FOX Intermodal performed the following actions: Page |1 oe The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 e fax.305.200.5474a. On December 14, 2012, Defendant Mike Dragin, using a FOX Intermodal email address, sent me a United States Declaration for Free Entry of Unaccompanied Articles form to fill out in connection with the shipment of my goods to Port Everglades, Florida. A copy of the email correspondence is attached hereto as Exhibit C. b. From December 17, 2012 through December 19, 2012, Defendant Mike Dragin sent me a series of updates on my goods in Port Everglades, Florida, using a FOX Intermodal email address. A copy of these emails are attached hereto as Exhibit D. c. On December 20, 2012, Defendant Mike Dragin, using a FOX Intermodal email address, sent me a request for wire transfer to handle the receivership of my goods in Port Everglades, Florida, which I paid. A copy of the email is attached hereto as Exhibit E. d. On December 21, 2012, Defendant FOX Intermodal, through its employees, communicated a translated copy of my packing list to non-party Ocean Star International, Inc., in furtherance of the shipment of my goods to Port Everglades, Florida. A copy of the email correspondence is attached hereto as Exhibit F. 4. At all times material hereto, Defendant Mike Dragin represented and held himself out to be the “Warehouse Manager” for Defendant FOX Intermodal. Further, Defendant Mike Dragin handled the receivership of my goods to Port Everglades, Florida that are subject to the above styled action, as an employee representing FOX Intermodal. 5. Asa direct and proximate result of Defendant FOX Intermodal’s failure to complete the process of receiving my goods at Port Everglades, Florida, my valuables were left abandoned in a shipping container at the port and were damaged. Furthermore, I incurred additional fees by the Port of Everglades as a result of FOX Intermodal’s abandonment of my valuables. Page [2 ae The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 ¢ Miami Shores, FL 33138 @ ph. 305.200.5473 @ fax.305.200.5474FURTHER AFFIANT SAYETH NAUGHT. / Ay Eugenio Marrapodi / STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this a day of Wn > 2018 by vaio Marceeedi who is personally known to me or 0) who has produced 7 as identification. WITNESS my hand and official seal in the County and State last aforesaid this iVday of » 2018. NOT, PUBLIC, State of Florida ¥ Print Name AD Page |3 The Alderman Law Firm 9999 NE 2nd Ave., Suite 211 # Miami Shores, FL 33138 ¢ ph. 305.200.5473 @ fax.305.200.5474EXHIBIT AFrom: Emanuele Pareti To: Eugenio Marrapodi; Eugenio Marrapodi Subject: Fw: Quote Date: Friday, December 21, 2012 3:34:58 AM Attachments: -Re_Quote,em! (3.51 MB).msq Buongiorno, come vede ho inviato Molto tempo prima al mio collega ="email per contattarla in quanto quella documentazione riguarda la dogana americana = non quella italiana. Compili il Form che le ha dato il Sig. Mike, Chiedendo di Ritirare =| container a Breve. Mandero un messaggio anche a Mike. Best Regards/ Cordialita Emanuele Pareti SEA =HIPMENT SPEEDY MOVING Tel uff. 06.9003808 Fax 06 - 233290646 M: +39 348/2626579 www.speedymoving. it wrote: > Iwill call the broker this morning > > Mike Dragin > Warehouse Manager > FOX Intermodal > 251 Monroe Street > Kenilworth, NJ 07033 > 908-272-4820 > 908-272-7305 > > > anal Original Message----- > From: Eugenio Marrapodi (mailto:eugenio.marrapodi@gmail.com} > Sent: Saturday, December 15, 2012 10:59 PM > To: Mike Dragin > Subject: Re: Document.pdf > > Hi Mike, > do you know when will be the delivery date? > as I do not have a visa (only visa waiver), can I fill this form in the name > of my wife that is with visa and already approved for green card? > thanks > EUGENIO > > On 14/dic/2012, at 11:42, Mike Dragin wrote:> > > PLEASE FILL OUT THE FORMS. THANK YOU > > Mike Dragin > Warehouse Manager > FOX Intermodal > 251 Monroe Street > Kenilworth, NJ 07033 > 908-272-4820 > 908-272-7305 > > ~----Original Message----- > From: Tom McLaughlin [mailto:tom@foxintermodal.com] > Sent: Wednesday, December 12, 2012 2:38 PM > To: 'Mike Dragin’ > Subject: Document.pdf > > Document.pdf > > >EXHIBIT EFrom: Eugenio Marrapodi Subject: Fwd: WIRE TRANSFER INFORMATION Date: Thursday, January 10, 2013 3:45:22 PM From: "Mike Dragin" Subject: WIRE TRANSFER INFORMATION Date: 20 dicembre 2012 08:06:03 GMT-05:00 To: “Eugenio Marrapodi" < Delivered-To: Received: by 10.49.0.79 with SMTP id 15csp85357qec; Thu, 20 Dec 2012 05:06:04 -0800 (PST) Received: from atl4mhob13.myregisteredsite.com (atlamhob13.myregisteredsite.com. [209.17.115.51]) by mx.google.com with ESMTP id 0881949041 6vdv.38.2012.12.20.05.06.02; Thu, 20 Dec 2012 05:06:03 -0800 (PST) Received: from mailpod. hostingplatform.com (mail. networksolutionsemail.com [205.178.146.50]) by atl4mhob13.myregisteredsite.com (8.14.4/8.14.4) with ESMTP id GBKD62hA032710 for ; Thu, 20 Dec 2012 08:06:02 -0500 Received: (qmail 2323 invoked by uid 0); 20 Dec 2012 13:06:01 -0000 Received: from unknown (HELO user29de23c159) (mike@foxintermodal.com@68.236.213.194) by 0 with ESMTPA; 20 Dec 2012 13:06:01 -0000 X-Received: by 10.52.91.73 with SMTP id cc9mr12441 124vdb.48. 1356008763699; Thu, 20 Dec 2012 05:06:03 -0800 (PST) Return-Path: Received-Spf: neutral (google.com: 209.17.115.51 is neither permitted nor denied by best guess record for domain of mike@foxintermodal.com) client-ip=209.17.115.51; Authentication-Results: mx.google.com; spf=neutral (google.com: 209.17.115.51 is neither permitted nor denied by best guess record for domain of ike@foxi ) ilemike@toxi Message-Id: <338C789A1 162433FB1B01440E616CBE1 @user29de23c159> Mime-Version: 1.0 Content-Type: multipart/alternative; boundary="---- =_NextPart_000_0016_01CDDE88.DB506510" X-Mailer: Microsoft Office Outlook 11 Thread-Index: Ac3essPqLVeX8BSIQQulfl0vpw8XxQ== X-Mimeole: Produced By Microsoft MimeOLE V6.00.2900.6157 Mr. Marrapodi. Please see the wire transfer information. | NEED YOU TO TRANSFER $ 2700.00 TD BANK 560 NORTH AVENUE EAST WESTFIELD NJ 07090 PH- 908- 232-4232MARTINI INTERNATIONAL MOVERS LLC. 68 WHITE STREET RED BANK NJ 07701 732-882-4354 AC ABA - ROUTING # = SWIFT-CODE # NRTHUS33XXX FOR INTERNATIONAL WIRE TRANFERS Mike Dragin Warehouse Manager FOX Intermodal 251 Monroe Street Kenilworth, NJ 07033 908-272-4820 908-272-7305EXHIBIT FFrom: Mike Dragin To: i" Subject: FW: Document.pdf Date: Friday, December 21, 2012 1:25:47 PM Mike Dragin Warehouse Manager FOX Intermodal 251 Monroe Street Kenilworth, NJ 07033 908-272-4820 908-272-7305 -----Original Message----~ From: Scott (mailto:scott@osishipping.com] Sent: Friday, December 21, 2012 1:06 PM To: 'Mike Dragin’ Subject: RE: Document.pdf Hello Mike, Customs is asking: After review of this translated packing list, need clarifications on the following please; #50 Cellar, #57-60, 65 Bottles, #294 Furniture?, #320 2, #395 Formiture? Let me know, thanks, Ocean Star International Scott Kalinowski | Managing Director Ocean Star International, Inc, |3961 NW 126th Ave. | Coral Springs, FL 33065 1. 877-524-7447 954-753-4533 | £, 954-337-0731 | w. OSI is an environmentally responsible company - Please consider the environment before printing this email Visit Ocean Star International on Facebook!OSI Corporate Relocation RSS FeedVisit Ocean Star International Movers on YouTubeOcean Star International Shipping on Twitter -----Original Message----- From: Mike Dragin [mailto:mike@foxintermodal.com] Sent: Friday, December 21, 2012 12:11 PMTo: ‘Scott! Subject: FW: Document.pdf HI SCOTT PACKING LIST IN ENGLISH Mike Dragin Warehouse Manager FOX Intermodal 251 Monroe Street Kenilworth, NJ 07033 908-272-4820 908-272-7305 iginal Message----- From: Tom McLaughlin [mailto:tom@foxintermodal.com} Sent; Friday, December 21, 2012 12:03 PM To: ‘Mike Dragin' Subject: Document.pdf Document.pdf