Preview
Filing # 79352100 E-Filed 10/15/2018 04:14:01 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI- DADE COUNTY, FLORIDA
AMIAMI INVESTMENTS, LLC,
Plaintiff, CIRCUIT CIVIL DIVISION
v.
CASE NO. 2017-013319-CA-01
DYC CAPITAL 16 LLC, a Florida
limited liability company, et al.,
Defendants.
/
Plaintiff's Motion to Continue Trial Period and Extend Discovery
Plaintiff AMIAMI INVESTMENTS, LLC (“Amiami” or “Plaintiff’), through its
undersigned counsel, states the following:
1, Pursuant to the Court’s Uniform Order Setting Cause for Jury Trial and Pre-Trial
Instructions entered on August 21, 2018 (Filing #76724695), discovery shall be completed at least
fifteen (15) days prior to the Monday of the trial period, or by October 26, 2018.
2. Plaintiff seeks a three (3) month stay of trial and correlated three (3) month
extension of discovery based on newly disclosed material facts from as recent as Friday, October
12
3 This Court has already entered two (2) judgments against the co-
defendant/judgment debtor, DYC Capital 16, LLC (“DYC Capital”). What remains in this case is
the fraudulent inducement claim against Defendant, Gideon Gratsiani (“Gratsiani”), in his
individual capacity
4 There is good cause for the stay of trial and extension of discovery
5. Last Friday, October 12, 2018, Plaintiff took Gratsiani’s deposition.
6 First, Gratsiani testified about a Federal Bureau of Investigation inquiry based on
allegations that Gratsiani headed, and was investigated for operating a purported Ponzi scheme.7 Second, and relatedly, Gratsiani identified a forensic audit report and volunteered
to produce same.
8. Third, Gratsiani also identified a new witness, James Desnick, who was the
purported “chairman” of Gratsiani’s company. Gratsiani’s testimony about Desnick’s role,
impact, and direction of Gratsiani’s company militates in favor of taking additional discovery
about Desnick’s knowledge and allegations of the purported Ponzi scheme.
9 Fourth, on the eve of his deposition, Gratsiani produced considerable, overdue
documents responsive to requests for production, which also reveal new witnesses.
10. Based on these late revelations, there is not sufficient time for Plaintiff to complete
its discovery, and Plaintiff would be prejudiced if discovery were to close as presently scheduled,
including because there are numerous depositions scheduled to take place between now and the
end of discovery, and undersigned counsel has long-planned family travel on the final day of
discovery: October 26
11. Notably, counsel for Plaintiff and Defendant conferred and agreed that Defendant’s
deposition would not be completed and would be suspended and continued so Plaintiff would have
adequate time to review the production and take a meaningful deposition. Gratsiani has demanded,
however, that the continuation of his deposition take place during the present discovery period.
12. There will be no significant prejudice to Gratsiani, as (1) Gratsiani continues to
defend another lawsuit by Plaintiffs principal before the Honorable Marvel Ruiz; and (2) Plaintiff,
as judgment-creditor against DYC Capital, will continue judgment enforcement claims in this
matter, so the trial of Plaintiff's fraudulent inducement claim does not represent the end of
proceedings13. As an independent ground for a continuance, under rule 1.460, Florida Rules of
Civil Procedure, the preferred corporate representative of Plaintiff, Amnon Bensimon, has applied
for, but not yet obtained a visa to re-enter the United States in order to give testimony at trial. As
such, Mr. Bensimon is unavailable for trial. While Mr. Bensimon will give a video deposition that
could be used for trial testimony, Plaintiff will be disadvantaged in using a video deposition rather
than live testimony, and seeks a continuation to permit the application for visa to proceed and for
any further efforts to be exhausted.
14 For an additional, and independent reason, Plaintiff respectfully moves to extend
discovery to complete the deposition of Plaintiff's corporate representative. This Court permitted
Plaintiff to present its corporate representative by video deposition from Israel, as the selected
corporate representative could not obtain a visa to return to the United States.
15 In that order, this Court appointed a particular commissioner in Israel, Optima Juris,
to conduct the deposition in Israel
16. Despite diligent efforts of the undersigned, mixed with the efforts to coordinate an
agreeable date with opposing counsel, and finish other depositions, the commissioner cannot
administer the deposition on either of the two remaining dates in discovery (October 24-25). A
true and correct copy of a letter from Optima Juris on this point is attached here as Exhibit A.
17. Plaintiff has conferred with opposing counsel on holding the deposition the
following week, the week of October 28, pending approval of this Court, but Gratsiani will not
agree to same
18 There is no prejudice to Gratsiani, for reasons including he need not travel to Israel
or advance any costs of the deposition, the reasons stated above, i.e., that regardless of trial of thisclaim, Gratsiani will be managing defend of judgment enforcement actions that will continue with
regard to DYC Capital
WHEREFORE, Plaintiff respectfully requests this Court issue an Order continuing the trial
period and enlarging and extending discovery based upon the foregoing, and granting such other
and further relief as the Court deems just and proper.
Respectfully submitted on October 15, 2018.
s/Joshua B. Spector
Robert H. Thornburg
Florida Bar No. 630829
E-Mail: rthorsbure: adver com
Joshua B. Spector
Florida Bar No. 584142
E-Mail: ispector@:
Cameron C. Murphy
Florida Bar No. 125086
E-Mail
ALLEN, DYER, DOPPELT
& GILCHRIST, P.A
1221 Brickell Ave., Suite 2400
Miami, Florida 33131
Telephone: (305) 374-8303
Facsimile: (305) 374-8306
Counsel for Plaintiff
AMIAMI INVESTMENTS, LLCCERTIFICATE OF SERVICE
Thereby certify that on October 15, 2018, the undersigned electronically filed the foregoing
with the Clerk of the Courts via the Florida Courts E-Filing Portal system which will send a notice
of electronic filing to the following
Jeffrey H. Papell
Florida Bar No. 931349
Primary E-Mail
Secondary E-Mai
LEGAL SAVE
90 Almeira Avenue
Coral Gables, FL 33134
Telephone: (305) 460-8008
Facsimile (305) 460-8009
Raoul D. Garcia
Florida Bar No. 48738
Primary E-Mail: raoulearciaesqg@email. com
RAOUL GARCIA P.A.
13611 S. Dixie Highway #396
Palmetto Bay, FL 33158
Telephone: (786) 369-8406
Counsel for Defendant
GIDEON GRATSIANI
Matthew Estevez
Florida Bar No. 027736
Primary E-mail:
MATTHEW ESTEVEZ, P.A.
8603 S. Dixie Hwy, Suite 218
Miami, FL 33143
Telephone: (305) 846-9177
Counsel for Judgment-Debtor
DYC CAPITAL 16, LLCExhibit AOPTIMA... JURIS.
THE INTERNATIONAL DEPIGITION AGENCY
October 14, 2018
To Whom It May Concern,
To the best of my knowledge, there are currently no available court reporters in Israel to cover
a deposition on either October 24 or October 25.
Kindly,
Kimberlee Castro
Optima Juris
18881 Von Karman Ave.
Suite 340
Irvine, Ca. 92612
949 433-4529
Kimberlee Castra, CSR
Director of Scheduling // Global Deposition Expert
+1.949,.433.4529 direct
+1.855.678.4628 toil free
+1.949.420.0822 fax
OPTIMAL SJURIS.
$4 888 S784628 | Optimaturl
d inte
Toit Free from the U.
d racipient{s}
Preview
Filing # 79352100 E-Filed 10/15/2018 04:14:01 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA AMIAMI INVESTMENTS, LLC, Plaintiff, CIRCUIT CIVIL DIVISION v. CASE NO. 2017-013319-CA-01 DYC CAPITAL 16 LLC, a Florida limited liability company, et al., Defendants. / Plaintiff's Motion to Continue Trial Period and Extend Discovery Plaintiff AMIAMI INVESTMENTS, LLC (“Amiami” or “Plaintiff’), through its undersigned counsel, states the following: 1, Pursuant to the Court’s Uniform Order Setting Cause for Jury Trial and Pre-Trial Instructions entered on August 21, 2018 (Filing #76724695), discovery shall be completed at least fifteen (15) days prior to the Monday of the trial period, or by October 26, 2018. 2. Plaintiff seeks a three (3) month stay of trial and correlated three (3) month extension of discovery based on newly disclosed material facts from as recent as Friday, October 12 3 This Court has already entered two (2) judgments against the co- defendant/judgment debtor, DYC Capital 16, LLC (“DYC Capital”). What remains in this case is the fraudulent inducement claim against Defendant, Gideon Gratsiani (“Gratsiani”), in his individual capacity 4 There is good cause for the stay of trial and extension of discovery 5. Last Friday, October 12, 2018, Plaintiff took Gratsiani’s deposition. 6 First, Gratsiani testified about a Federal Bureau of Investigation inquiry based on allegations that Gratsiani headed, and was investigated for operating a purported Ponzi scheme.7 Second, and relatedly, Gratsiani identified a forensic audit report and volunteered to produce same. 8. Third, Gratsiani also identified a new witness, James Desnick, who was the purported “chairman” of Gratsiani’s company. Gratsiani’s testimony about Desnick’s role, impact, and direction of Gratsiani’s company militates in favor of taking additional discovery about Desnick’s knowledge and allegations of the purported Ponzi scheme. 9 Fourth, on the eve of his deposition, Gratsiani produced considerable, overdue documents responsive to requests for production, which also reveal new witnesses. 10. Based on these late revelations, there is not sufficient time for Plaintiff to complete its discovery, and Plaintiff would be prejudiced if discovery were to close as presently scheduled, including because there are numerous depositions scheduled to take place between now and the end of discovery, and undersigned counsel has long-planned family travel on the final day of discovery: October 26 11. Notably, counsel for Plaintiff and Defendant conferred and agreed that Defendant’s deposition would not be completed and would be suspended and continued so Plaintiff would have adequate time to review the production and take a meaningful deposition. Gratsiani has demanded, however, that the continuation of his deposition take place during the present discovery period. 12. There will be no significant prejudice to Gratsiani, as (1) Gratsiani continues to defend another lawsuit by Plaintiffs principal before the Honorable Marvel Ruiz; and (2) Plaintiff, as judgment-creditor against DYC Capital, will continue judgment enforcement claims in this matter, so the trial of Plaintiff's fraudulent inducement claim does not represent the end of proceedings13. As an independent ground for a continuance, under rule 1.460, Florida Rules of Civil Procedure, the preferred corporate representative of Plaintiff, Amnon Bensimon, has applied for, but not yet obtained a visa to re-enter the United States in order to give testimony at trial. As such, Mr. Bensimon is unavailable for trial. While Mr. Bensimon will give a video deposition that could be used for trial testimony, Plaintiff will be disadvantaged in using a video deposition rather than live testimony, and seeks a continuation to permit the application for visa to proceed and for any further efforts to be exhausted. 14 For an additional, and independent reason, Plaintiff respectfully moves to extend discovery to complete the deposition of Plaintiff's corporate representative. This Court permitted Plaintiff to present its corporate representative by video deposition from Israel, as the selected corporate representative could not obtain a visa to return to the United States. 15 In that order, this Court appointed a particular commissioner in Israel, Optima Juris, to conduct the deposition in Israel 16. Despite diligent efforts of the undersigned, mixed with the efforts to coordinate an agreeable date with opposing counsel, and finish other depositions, the commissioner cannot administer the deposition on either of the two remaining dates in discovery (October 24-25). A true and correct copy of a letter from Optima Juris on this point is attached here as Exhibit A. 17. Plaintiff has conferred with opposing counsel on holding the deposition the following week, the week of October 28, pending approval of this Court, but Gratsiani will not agree to same 18 There is no prejudice to Gratsiani, for reasons including he need not travel to Israel or advance any costs of the deposition, the reasons stated above, i.e., that regardless of trial of thisclaim, Gratsiani will be managing defend of judgment enforcement actions that will continue with regard to DYC Capital WHEREFORE, Plaintiff respectfully requests this Court issue an Order continuing the trial period and enlarging and extending discovery based upon the foregoing, and granting such other and further relief as the Court deems just and proper. Respectfully submitted on October 15, 2018. s/Joshua B. Spector Robert H. Thornburg Florida Bar No. 630829 E-Mail: rthorsbure: adver com Joshua B. Spector Florida Bar No. 584142 E-Mail: ispector@: Cameron C. Murphy Florida Bar No. 125086 E-Mail ALLEN, DYER, DOPPELT & GILCHRIST, P.A 1221 Brickell Ave., Suite 2400 Miami, Florida 33131 Telephone: (305) 374-8303 Facsimile: (305) 374-8306 Counsel for Plaintiff AMIAMI INVESTMENTS, LLCCERTIFICATE OF SERVICE Thereby certify that on October 15, 2018, the undersigned electronically filed the foregoing with the Clerk of the Courts via the Florida Courts E-Filing Portal system which will send a notice of electronic filing to the following Jeffrey H. Papell Florida Bar No. 931349 Primary E-Mail Secondary E-Mai LEGAL SAVE 90 Almeira Avenue Coral Gables, FL 33134 Telephone: (305) 460-8008 Facsimile (305) 460-8009 Raoul D. Garcia Florida Bar No. 48738 Primary E-Mail: raoulearciaesqg@email. com RAOUL GARCIA P.A. 13611 S. Dixie Highway #396 Palmetto Bay, FL 33158 Telephone: (786) 369-8406 Counsel for Defendant GIDEON GRATSIANI Matthew Estevez Florida Bar No. 027736 Primary E-mail: MATTHEW ESTEVEZ, P.A. 8603 S. Dixie Hwy, Suite 218 Miami, FL 33143 Telephone: (305) 846-9177 Counsel for Judgment-Debtor DYC CAPITAL 16, LLCExhibit AOPTIMA... JURIS. THE INTERNATIONAL DEPIGITION AGENCY October 14, 2018 To Whom It May Concern, To the best of my knowledge, there are currently no available court reporters in Israel to cover a deposition on either October 24 or October 25. Kindly, Kimberlee Castro Optima Juris 18881 Von Karman Ave. Suite 340 Irvine, Ca. 92612 949 433-4529 Kimberlee Castra, CSR Director of Scheduling // Global Deposition Expert +1.949,.433.4529 direct +1.855.678.4628 toil free +1.949.420.0822 fax OPTIMAL SJURIS. $4 888 S784628 | Optimaturl d inte Toit Free from the U. d racipient{s}