On June 03, 2017 a
Motion-Secondary
was filed
involving a dispute between
Amiami Investments Llc,
and
Dyc Capital16 Llc,
Gratsiani, Gideon,
Gratsiani, Gideon G,
for Contract & Indebtedness
in the District Court of Miami-Dade County.
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Filing # 68068567 E-Filed 02/16/2018 11:32:53 AM
IN THE CIRCUIT COURT THE 11™ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY FLORIDA
CASE NO. 13-2017-CA-13319
AMIAMI INVESTMENTS, LLC,
Vv
PLAINTIFF,
DYC CAPITAL 16 LLC and GIDEON
GRATSIANI A/K/A GIDEON M.G.
GRATSIANI,
we
DEFENDANTS.
MOTION IN OPPOSITION
Plaintiff, a business entity of Florida, seeks a protective order of the sole member and
material witness Mr. Amnon Benshimon. As a result of his criminal acts Mr. Benshimon is
no longer able to obtain a Visa to legally enter the United States. Mr. Benshimon who
committed fraud against the United State of America, seeks to benefit from is wrong doing
and not present himself for deposition or trial. Mr. Benshimon seeks an order allowing the
use of a telephone for taking the deposition pursuant to Rule 1.310(7) and for use of
communication equipment to take testimony pursuant to Rule 2.530(d).
Mr. Benshimon attaches an affidavit asserting that he cannot attend the deposition as he is in
Israel and his visa to enter this country was denied. Those facts are true.
Mr. Benshimon fails to state the facts concerning his denial of entry to the United States.
Upon information and belief Mr. Benshimon had previously overstayed his visa to the
United States for years. While in the United States Mr. Benshimon entered into a shammarriage with the intent to defraud the United States government. Mr. Benshimon attempted
to use the sham marriage in order to obtain citizenship
. Mr. Benshimon, who has unclean hands, now attempt to hide this material fact from the
court.
. Indeed Plaintiff seeks to use Florida Highway Patrol v. Jorge Bejarano, 137 So.3d 619 (Ist
DCA 2014) to excuse his presence at the deposition and allow a video conference. Plaintiff
fails to state that Mr. Bejarano was in active military service to our country and was
involuntarily transferred to California from Florida. Under these circumstances, the Court
stated a video conference was permissible. All deference should be accorded our active
military serviceman at all times.
. Mr. Benshimon seeks to compare his facts to those of a service man in active military duty
to his country.
The Third District in Les Violins, Inc. v. Beatriz Alzamora and Juan Alzamora, 541 So.2d
1353 (3rd DCA 1989), where Juan Alzamora was a witness of his wifes fall on petitioners
premises and joined as plaintiff seeking damages for loss of consortium. Both Plaintiff's
were residents of Venezuela. Defendant sought a Writ of certiorari to review a protective
order providing that Mr. Alzamora’s deposition not be taken until three days before trial.
The court held that as respondent is both a claimant and material witness, prejudice would
result to Defendant. See Les Violins at 1353. Tsutra v. Duhe and Alamo Rent-A-Car, Inc.,
685 So.2d 979 (Sth DCA 1997) cited to Violins with approval “for example, it is standard
requirement that a deposition of a non resident plaintiff be set usually a short time before
trial.” See Les Violins.WHEREFORE, Defendant seeks denial of Plaintiffs Motion for Protective Order and the
Deposition of Mr. Benshimon to go forward at such time as the court deems it proper, as well as
denial of Mr. Benshimon’s non appearance at trial.
Respectfully submitted this 16 day of February , 2018
/s/ Jeffrey H. Papell, Esq
Jeffrey H. Papell, Esq
90 Almeria Avenue
Coral Gables, Florida 33134
Telephone (305) 460-8008
Facsimile (305) 460-8009
FBN: 931349
Email: Jeff@mylegalsave.com
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing is being furnished by
U.S. mail and email, of applicable on the 16 day of January 2018, to all parties on the attached
Service List via Florida’s e-filing Portal
/s/ Jeffrey H. Papell, Esq
Jeffrey H. Papell, Esq
90 Almeria Avenue
Coral Gables, Florida 33134
Telephone (305) 460-8008
Facsimile (305) 460-8009
FBN. 931349
Email: Jeff@mylegalsave.com
Document Filed Date
February 16, 2018
Case Filing Date
June 03, 2017
Category
Contract & Indebtedness
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Filing # 68068567 E-Filed 02/16/2018 11:32:53 AM IN THE CIRCUIT COURT THE 11™ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA CASE NO. 13-2017-CA-13319 AMIAMI INVESTMENTS, LLC, Vv PLAINTIFF, DYC CAPITAL 16 LLC and GIDEON GRATSIANI A/K/A GIDEON M.G. GRATSIANI, we DEFENDANTS. MOTION IN OPPOSITION Plaintiff, a business entity of Florida, seeks a protective order of the sole member and material witness Mr. Amnon Benshimon. As a result of his criminal acts Mr. Benshimon is no longer able to obtain a Visa to legally enter the United States. Mr. Benshimon who committed fraud against the United State of America, seeks to benefit from is wrong doing and not present himself for deposition or trial. Mr. Benshimon seeks an order allowing the use of a telephone for taking the deposition pursuant to Rule 1.310(7) and for use of communication equipment to take testimony pursuant to Rule 2.530(d). Mr. Benshimon attaches an affidavit asserting that he cannot attend the deposition as he is in Israel and his visa to enter this country was denied. Those facts are true. Mr. Benshimon fails to state the facts concerning his denial of entry to the United States. Upon information and belief Mr. Benshimon had previously overstayed his visa to the United States for years. While in the United States Mr. Benshimon entered into a shammarriage with the intent to defraud the United States government. Mr. Benshimon attempted to use the sham marriage in order to obtain citizenship . Mr. Benshimon, who has unclean hands, now attempt to hide this material fact from the court. . Indeed Plaintiff seeks to use Florida Highway Patrol v. Jorge Bejarano, 137 So.3d 619 (Ist DCA 2014) to excuse his presence at the deposition and allow a video conference. Plaintiff fails to state that Mr. Bejarano was in active military service to our country and was involuntarily transferred to California from Florida. Under these circumstances, the Court stated a video conference was permissible. All deference should be accorded our active military serviceman at all times. . Mr. Benshimon seeks to compare his facts to those of a service man in active military duty to his country. The Third District in Les Violins, Inc. v. Beatriz Alzamora and Juan Alzamora, 541 So.2d 1353 (3rd DCA 1989), where Juan Alzamora was a witness of his wifes fall on petitioners premises and joined as plaintiff seeking damages for loss of consortium. Both Plaintiff's were residents of Venezuela. Defendant sought a Writ of certiorari to review a protective order providing that Mr. Alzamora’s deposition not be taken until three days before trial. The court held that as respondent is both a claimant and material witness, prejudice would result to Defendant. See Les Violins at 1353. Tsutra v. Duhe and Alamo Rent-A-Car, Inc., 685 So.2d 979 (Sth DCA 1997) cited to Violins with approval “for example, it is standard requirement that a deposition of a non resident plaintiff be set usually a short time before trial.” See Les Violins.WHEREFORE, Defendant seeks denial of Plaintiffs Motion for Protective Order and the Deposition of Mr. Benshimon to go forward at such time as the court deems it proper, as well as denial of Mr. Benshimon’s non appearance at trial. Respectfully submitted this 16 day of February , 2018 /s/ Jeffrey H. Papell, Esq Jeffrey H. Papell, Esq 90 Almeria Avenue Coral Gables, Florida 33134 Telephone (305) 460-8008 Facsimile (305) 460-8009 FBN: 931349 Email: Jeff@mylegalsave.com CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing is being furnished by U.S. mail and email, of applicable on the 16 day of January 2018, to all parties on the attached Service List via Florida’s e-filing Portal /s/ Jeffrey H. Papell, Esq Jeffrey H. Papell, Esq 90 Almeria Avenue Coral Gables, Florida 33134 Telephone (305) 460-8008 Facsimile (305) 460-8009 FBN. 931349 Email: Jeff@mylegalsave.com