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Filing # 70388197 E-Filed 04/07/2018 11:10:14 AM
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI- DADE COUNTY, FLORIDA
AMIAMI INVESTMENTS, LLC,
Plaintiff, CIRCUIT CIVIL DIVISION
vs.
CASE NO. 2017-013319-CA-01
DYC CAPITAL 16 LLC, a Florida SECTION 34
limited liability company, and
GIDEON GRATSIANI, a/k/a
GIDEON M.G. GRATSIANI,
Individually,
Defendants.
/
PLAINTIFF’S OBJECTION & MOTION FOR PROTECTIVE ORDER REGARDING
DEFENDANT GRATSIANI’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO AMNON BENSIMON
Plaintiff, a business entity, objects to and seeks a protective order regarding
Defendant Gratsiani’s “First Request For Production of Documents To Amnon Bensimon”
(filed 3/08/2018) and in support thereof states:
1. Defendant Gratsiani seeks production from AMNON BENSIMON of the following:
e Any and all documents received from the USCIS relating to Bensimon.
(Defendant Gratsiani has defined USCIS as “United States Citizenship and
Immigration Services as well as their agents, representatives, attorneys and
any other persons or entities acting by or through USCIS”).
e Any and all communication and/or correspondence between Bensimon and the
USCIS relating to Bensimon.
e A true and correct copy of Bensimon’s current and valid passport with all pages
contained therein.
2. The documents are not being sought from the Plaintiff. Defendant Gratsiani has
directed his First Request For Production of Documents To Amnon Bensimon.
3. Amnon Bensimon is a non-party to this action.4. Defendant Gratsiani has failed to comply with Rule 1.351 which is the proper
procedure to seek production of documents from a non-party.
5. Amnon Bensimon, if properly served with subpoena, should have the right to object
based on relevance, invasion of privacy, over broadness of the requests, lack of
specificity as to the materiality of the documents; and perhaps other grounds as
well.
6. The filing and service of Defendant Gratsiani’s “First Request For Production of
Documents To Amnon Bensimon” merits not only sustaining the Plaintiff's
objection based on Rule 1.351, but also merits the granting of a protective order
as being sought herein by the Plaintiff based on the following:
a) Plaintiff, AMIAMI INVESTMENTS, LLC, is a Florida business entity,
separate and apart from its principal, Amnon Bensimon.
b) Rule 1.280(b)(1) provides in pertinent part that “Parties may obtain
discovery regarding any matter, not privileged, that is relevant to the
subject matter of the pending action...”.
c) The subject matter of the pending action involves the loss of monies
invested by Amiami Investments, Inc. in Defendant Gratsiani’s ventures
to acquire properties being foreclosed. Accordingly, there is no
relevance to the USCIS documents being sought by Defendant
Gratsiani, the requests are overbroad and not material to the subject
matter of the action.d) Rule 1.280(c) states in pertinent part that the Court may make any order
to protect a party or person from annoyance, embarrassment,
oppression or undue burden or expense that justice requires. Here, it is
clear that the request for production from a non-party as served on the
Plaintiff not only patently seeks to circumvent Rule 1.351, but also
appears calculated to cause annoyance to the Plaintiff and/or seek to
embarrass or oppress the non-party, requiring Plaintiff to object and file
this motion.
WHEREFORE, Plaintiff objects in the entirety to the Defendant Gratsiani’s First
Request For Production Of Documents, moves this Honorable Court for a protective order
denying the Defendant's production request and awarding attorney fees to Plaintiff
pursuant to Rule 1.380(a)(4) as authorized in Rule 1.280(c); and for such other and further
relief as the Court deems just and proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on April 7, 2018 a true copy of the foregoing Motion is efiled and served
thru the e-portal to:
Matthew Estevez, Esq., mse@mattestevez.com, Matthew Estevez, P.A., 8603 S. Dixie Hwy.,
Suite 218, Miami, FL. 33143
Jeffrey H. Papell, Esq., jeff@mylegalsave.com; service@mylegalsave.com; LEGAL SAVE, 90
Almeira Ave., Coral Gables, FL 33134
Raoul Garcia, Esq., raoulgarciaesq@gmail.com; Raoul Garcia P.A., 13611 S. Dixie Highway
#396, Palmetto Bay, FL 33158
Joshua B. Spector, Esq., jspector@allendyer.com; rthornburg@allendyer.com;
cmurphy@allendyer.com; ALLEN, DYER, DOPPELT& GILCHRIST, P.A., 1221 Brickell Ave.,
Suite 2400, Miami, FL. 33131
ADDICOTT & ADDICOTT, P.A.
Co-counsel for Plaintiff
900 North Federal Highway, Suite 201
Hallandale Beach, FL. 33009
Phone (954) 454-2605
Fax (954) 454-2615mlaesq@addicottlaw.com
sari@addicotilaw.com
By:__/s/_Michael_L. Addicott, Esq., B.C.S.
MICHAEL L. ADDICOTT / FBN 456446
ALLEN, DYER, DOPPELT
& GILCHRIST, P.A.
Co-counsel for Plaintiff
1221 Brickell Ave., Suite 2400
Miami, Florida 33131
Telephone: (305) 374-8303
Facsimile (305) 374-8306
Joshua B. Spector, Esq.
Florida Bar No. 584142
E-Mail: jspector@allendyer.com
Robert H. Thornburg, Esq.
Florida Bar No. 630829
E-Mail: rthornburq@allendyer.com
Cameron C. Murphy
Florida Bar No. 125086
E-Mail: cmurphy@allendyer.com
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Filing # 70388197 E-Filed 04/07/2018 11:10:14 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA AMIAMI INVESTMENTS, LLC, Plaintiff, CIRCUIT CIVIL DIVISION vs. CASE NO. 2017-013319-CA-01 DYC CAPITAL 16 LLC, a Florida SECTION 34 limited liability company, and GIDEON GRATSIANI, a/k/a GIDEON M.G. GRATSIANI, Individually, Defendants. / PLAINTIFF’S OBJECTION & MOTION FOR PROTECTIVE ORDER REGARDING DEFENDANT GRATSIANI’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO AMNON BENSIMON Plaintiff, a business entity, objects to and seeks a protective order regarding Defendant Gratsiani’s “First Request For Production of Documents To Amnon Bensimon” (filed 3/08/2018) and in support thereof states: 1. Defendant Gratsiani seeks production from AMNON BENSIMON of the following: e Any and all documents received from the USCIS relating to Bensimon. (Defendant Gratsiani has defined USCIS as “United States Citizenship and Immigration Services as well as their agents, representatives, attorneys and any other persons or entities acting by or through USCIS”). e Any and all communication and/or correspondence between Bensimon and the USCIS relating to Bensimon. e A true and correct copy of Bensimon’s current and valid passport with all pages contained therein. 2. The documents are not being sought from the Plaintiff. Defendant Gratsiani has directed his First Request For Production of Documents To Amnon Bensimon. 3. Amnon Bensimon is a non-party to this action.4. Defendant Gratsiani has failed to comply with Rule 1.351 which is the proper procedure to seek production of documents from a non-party. 5. Amnon Bensimon, if properly served with subpoena, should have the right to object based on relevance, invasion of privacy, over broadness of the requests, lack of specificity as to the materiality of the documents; and perhaps other grounds as well. 6. The filing and service of Defendant Gratsiani’s “First Request For Production of Documents To Amnon Bensimon” merits not only sustaining the Plaintiff's objection based on Rule 1.351, but also merits the granting of a protective order as being sought herein by the Plaintiff based on the following: a) Plaintiff, AMIAMI INVESTMENTS, LLC, is a Florida business entity, separate and apart from its principal, Amnon Bensimon. b) Rule 1.280(b)(1) provides in pertinent part that “Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action...”. c) The subject matter of the pending action involves the loss of monies invested by Amiami Investments, Inc. in Defendant Gratsiani’s ventures to acquire properties being foreclosed. Accordingly, there is no relevance to the USCIS documents being sought by Defendant Gratsiani, the requests are overbroad and not material to the subject matter of the action.d) Rule 1.280(c) states in pertinent part that the Court may make any order to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense that justice requires. Here, it is clear that the request for production from a non-party as served on the Plaintiff not only patently seeks to circumvent Rule 1.351, but also appears calculated to cause annoyance to the Plaintiff and/or seek to embarrass or oppress the non-party, requiring Plaintiff to object and file this motion. WHEREFORE, Plaintiff objects in the entirety to the Defendant Gratsiani’s First Request For Production Of Documents, moves this Honorable Court for a protective order denying the Defendant's production request and awarding attorney fees to Plaintiff pursuant to Rule 1.380(a)(4) as authorized in Rule 1.280(c); and for such other and further relief as the Court deems just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on April 7, 2018 a true copy of the foregoing Motion is efiled and served thru the e-portal to: Matthew Estevez, Esq., mse@mattestevez.com, Matthew Estevez, P.A., 8603 S. Dixie Hwy., Suite 218, Miami, FL. 33143 Jeffrey H. Papell, Esq., jeff@mylegalsave.com; service@mylegalsave.com; LEGAL SAVE, 90 Almeira Ave., Coral Gables, FL 33134 Raoul Garcia, Esq., raoulgarciaesq@gmail.com; Raoul Garcia P.A., 13611 S. Dixie Highway #396, Palmetto Bay, FL 33158 Joshua B. Spector, Esq., jspector@allendyer.com; rthornburg@allendyer.com; cmurphy@allendyer.com; ALLEN, DYER, DOPPELT& GILCHRIST, P.A., 1221 Brickell Ave., Suite 2400, Miami, FL. 33131 ADDICOTT & ADDICOTT, P.A. Co-counsel for Plaintiff 900 North Federal Highway, Suite 201 Hallandale Beach, FL. 33009 Phone (954) 454-2605 Fax (954) 454-2615mlaesq@addicottlaw.com sari@addicotilaw.com By:__/s/_Michael_L. Addicott, Esq., B.C.S. MICHAEL L. ADDICOTT / FBN 456446 ALLEN, DYER, DOPPELT & GILCHRIST, P.A. Co-counsel for Plaintiff 1221 Brickell Ave., Suite 2400 Miami, Florida 33131 Telephone: (305) 374-8303 Facsimile (305) 374-8306 Joshua B. Spector, Esq. Florida Bar No. 584142 E-Mail: jspector@allendyer.com Robert H. Thornburg, Esq. Florida Bar No. 630829 E-Mail: rthornburq@allendyer.com Cameron C. Murphy Florida Bar No. 125086 E-Mail: cmurphy@allendyer.com