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Filing # 69382574 E-Filed 03/16/2018 01:53:37 PM
IN THE CIRCUIT COURT OF THE 11"
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2017-013319 CA 01
AMIAMI INVESTMENTS, LLC,
a Florida limited liability company,
Plaintiff,
Vv.
DYC CAPITAL 16 LLC, a Florida
limited liability company, and
GIDEON GRATSIANT, a/k/a
GIDEON M.G. GRATSIANI,
individually,
Defendants.
/
DEFENDANT’S NOTICE OF OBJECTION TO PLAINTIFF’S NOTICE OF
INTENT TO ISSUE SUBPOENA FOR PRODUCTION FROM
NON-PARTY, ROM REAL ESTATE HOLDINGS, LLC
Defendant, GIDEON GRATSIANI a/k/a GIDEON M.G. GRATSIANI (hereinafter
“Gratsiani”), by and through his undersigned counsel and pursuant to Rule 1.351(b), Florida
Rules of Civil Procedure, hereby gives notice of his objection to Plaintiff's Notice of Intent to
Issue Subpoena for Production from Non-Party ROM Real Estate Holdings, LLC, and the
attached Subpoena Duces Tecum for Production of Documents without Deposition (the
“Subpoena”), and in support of the objection, states the following:
1 Plaintiff, AMIAMI INVESTMENTS, LLC (hereinafter “Plaintiff’) filed
this action against Defendants, DYC Capital 16, LLC and Gratsiani, individually, concerning a
written agreement attached to the Complaint.
2. A final Judgment has already been rendered against DYC Capital 16, LLC for theamounts alleged in the Complaint. As a result, the matter as to DYC Capital 16, LLC has been
adjudicated through a final order.
3 Though the counts against Gratsiani remain pending, Plaintiff attempts to obtain
documents related to non-parties that bear no relation whatsoever to the allegations in the
operative pleadings against Gratsiani.
4. Moreover, Plaintiff attempts to obtain documents related to entities that are not
named or even referred to in the Complaint.
5. The General Provisions concerning Discovery articulated under Fla. R. Civ. P.
1.280(b)(1) allows discovery regarding non-privileged matters that are " relevant to the subject
matter of the pending action, whether it relates to the claim or defense of the party seeking
discovery or the claim or defense of any other party."
6. The Subpoena bears no relation to the allegations in the Complaint and appears to
be designed to simply embarrass and harass Gratsiani concerning matters not plead in this
action.
7. To the extent Plaintiff believes the Subpoena will lead to the discovery of
matters related to their pending fraud claims against Gratsiani, Plaintiff should be required to
articulate those averments with particularity as required under Fla. R. Civ. P. 1.120(b), which
states: "In all averments of fraud or mistake, the circumstances constituting fraud or mistake
shall be stated with such particularity as the circumstances may permit."
8 There are currently no allegations in the Complaint concerning the objects of the
Subpoena, namely Rom Real Estate Holdings, LLC, DYC Group, LLC, and DYC Capital 17,
LLC.
9. Due to the foregoing, the Subpoena in its current form is improper and Gratsiani’sobjection should be sustained.
WHEREFORE, Defendant, GIDEON GRATSIANI a/k/a GIDEON M.G. GRATSIANI,
respectfully requests that the Court sustain this objection, or in the alternative, order Plaintiff
to articulate with reasonable particularity the averments upon which the Subpoena is sought for
the discovery of items related to the pending claims in this action
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy has been provided via E-mail to all
parties on the attached service list on March 16, 2018.
Respectfully submitted by
/s/ Jeffrey H. Papell, Esq.
Jeffrey H. Papell, Esq
90 Almeria Avenue
Coral Gables, Florida 33134
Telephone (305) 725-5496
Facsimile (305) 460-8009
FBN: 931349
Email: Jeff@mylegalsave.com
THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
this March 16, 2018 via Florida’s e-filing Portal.
/s/ Jeffrey H. Papell, Esq
Jeffrey H. Papell, Esq
90 Almeria Avenue
Coral Gables, Florida 33134
Telephone (305) 725-5496
Facsimile (305) 460-8009
FBN. 931349
Email: Jeff@mylegalsave.com
SERVICE LIST
Joshua B. Spector, Esq
ALLEN, DYER, DOPPELT & GILCHRIST, PA
1221 Brickell Ave, Ste 2400
Miami, FL 33131
Tel: 305-374-8303
Fax: 305-374-8306jspector@allendyer.com
Co-Counsel for Plaintiff
Michael L. Addicot, Esq.
ADDICOTT & ADICOTT, PA
900 N. Federal Highway, Ste 201
Hallandale Beach, FL 33009
Tel: 954-454-2605
Fax: 954-454-2615
mlaesq@addicottlaw.com
sari@addicottlaw.com
Co-Counsel for Plaintiff
Matthew Estevez, Esq.
MATTHEW ESTEVEZ, PA
8603 S. Dixie Hwy, Ste 218
Miami, FL 33143
Tel: 305-846-9177
Counsel for Defendant DYC CAPITAL 16, LLC
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Filing # 69382574 E-Filed 03/16/2018 01:53:37 PM IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2017-013319 CA 01 AMIAMI INVESTMENTS, LLC, a Florida limited liability company, Plaintiff, Vv. DYC CAPITAL 16 LLC, a Florida limited liability company, and GIDEON GRATSIANT, a/k/a GIDEON M.G. GRATSIANI, individually, Defendants. / DEFENDANT’S NOTICE OF OBJECTION TO PLAINTIFF’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR PRODUCTION FROM NON-PARTY, ROM REAL ESTATE HOLDINGS, LLC Defendant, GIDEON GRATSIANI a/k/a GIDEON M.G. GRATSIANI (hereinafter “Gratsiani”), by and through his undersigned counsel and pursuant to Rule 1.351(b), Florida Rules of Civil Procedure, hereby gives notice of his objection to Plaintiff's Notice of Intent to Issue Subpoena for Production from Non-Party ROM Real Estate Holdings, LLC, and the attached Subpoena Duces Tecum for Production of Documents without Deposition (the “Subpoena”), and in support of the objection, states the following: 1 Plaintiff, AMIAMI INVESTMENTS, LLC (hereinafter “Plaintiff’) filed this action against Defendants, DYC Capital 16, LLC and Gratsiani, individually, concerning a written agreement attached to the Complaint. 2. A final Judgment has already been rendered against DYC Capital 16, LLC for theamounts alleged in the Complaint. As a result, the matter as to DYC Capital 16, LLC has been adjudicated through a final order. 3 Though the counts against Gratsiani remain pending, Plaintiff attempts to obtain documents related to non-parties that bear no relation whatsoever to the allegations in the operative pleadings against Gratsiani. 4. Moreover, Plaintiff attempts to obtain documents related to entities that are not named or even referred to in the Complaint. 5. The General Provisions concerning Discovery articulated under Fla. R. Civ. P. 1.280(b)(1) allows discovery regarding non-privileged matters that are " relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party." 6. The Subpoena bears no relation to the allegations in the Complaint and appears to be designed to simply embarrass and harass Gratsiani concerning matters not plead in this action. 7. To the extent Plaintiff believes the Subpoena will lead to the discovery of matters related to their pending fraud claims against Gratsiani, Plaintiff should be required to articulate those averments with particularity as required under Fla. R. Civ. P. 1.120(b), which states: "In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit." 8 There are currently no allegations in the Complaint concerning the objects of the Subpoena, namely Rom Real Estate Holdings, LLC, DYC Group, LLC, and DYC Capital 17, LLC. 9. Due to the foregoing, the Subpoena in its current form is improper and Gratsiani’sobjection should be sustained. WHEREFORE, Defendant, GIDEON GRATSIANI a/k/a GIDEON M.G. GRATSIANI, respectfully requests that the Court sustain this objection, or in the alternative, order Plaintiff to articulate with reasonable particularity the averments upon which the Subpoena is sought for the discovery of items related to the pending claims in this action CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been provided via E-mail to all parties on the attached service list on March 16, 2018. Respectfully submitted by /s/ Jeffrey H. Papell, Esq. Jeffrey H. Papell, Esq 90 Almeria Avenue Coral Gables, Florida 33134 Telephone (305) 725-5496 Facsimile (305) 460-8009 FBN: 931349 Email: Jeff@mylegalsave.com THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this March 16, 2018 via Florida’s e-filing Portal. /s/ Jeffrey H. Papell, Esq Jeffrey H. Papell, Esq 90 Almeria Avenue Coral Gables, Florida 33134 Telephone (305) 725-5496 Facsimile (305) 460-8009 FBN. 931349 Email: Jeff@mylegalsave.com SERVICE LIST Joshua B. Spector, Esq ALLEN, DYER, DOPPELT & GILCHRIST, PA 1221 Brickell Ave, Ste 2400 Miami, FL 33131 Tel: 305-374-8303 Fax: 305-374-8306jspector@allendyer.com Co-Counsel for Plaintiff Michael L. Addicot, Esq. ADDICOTT & ADICOTT, PA 900 N. Federal Highway, Ste 201 Hallandale Beach, FL 33009 Tel: 954-454-2605 Fax: 954-454-2615 mlaesq@addicottlaw.com sari@addicottlaw.com Co-Counsel for Plaintiff Matthew Estevez, Esq. MATTHEW ESTEVEZ, PA 8603 S. Dixie Hwy, Ste 218 Miami, FL 33143 Tel: 305-846-9177 Counsel for Defendant DYC CAPITAL 16, LLC