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Filing # 65876302 E-Filed 12/28/2017 11:55:06 AM
IN THE CIRCUIT COURT THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY FLORIDA
CASE NO. 13-2017-CA13319
AMIAMI INVESTMENTS, LLC,
PLAINTIFF,
v.
DYC CAPITAL 16 LLC, a Florida
Limited Liability Company, et al.,
DEFENDANTS,
/
NOTICE OF SERVICE OF DEFENDANT'S RESPONSES TO PLAINTIFF’S FIRST
INTERROGATORIES
You are notified that the Defendant has on this 28th day of December 2017 served upon
Plaintiff, responses to Plaintiff's Interrogatories.
RESPECTFULLY SUBMITTED
/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.comCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this 28" day
of December, 2017 via Florida’s e-filing Portal.
RESPECTFULLY SUBMITTED
/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: 305-374-8306
jspector@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, LLCFiling # 64629253 E-Filed 11/27/2017 05:56:18 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.
Plaintiffs First Set of Interrogatories to Defendant, Gideon Gratsiani
Pursuant to Rule 1.340, Florida Rules of Civil Procedure, Plaintiff, by and through its
undersigned attorneys, propounds the following interrogatories to be answered by Defendant,
Gideon Gratsiani a/k/a Gideon M.G. Gratsiani, in writing and under oath within thirty (30) days
from the date of service.
L DEFINITIONS AND INSTRUCTIONS
1. As used in these interrogatories, the terms “you,” “your,” and “Gratsiani” shall
mean Defendant, Gideon Gratsiani a/k/a Gideon M.G, Gratsiani, as well as any employee, attorney
or other agent acting on your behalf.
2. “November 2014 Letter” shall mean the letter dated November 13, 2014, attached
to Plaintiff’ s Complaint as Exhibit C,
3. As used in these interrogatories, the term “communicate” or “communications”
means the act or fact of communicating, whether orally, nonverbally, telephonically,
telegraphically, in writing, by recording, or otherwise.
4, As used in these interrogatories, the word “document” shall mean, in addition to its
common meaning, correspondence, memoranda (including written memoranda. of telephone
conversations, other oral communications, discussions, agreements, acts and activities), telegrams,telexes, cables, telephone, records, reports, tests, samples, studies, compilations of data, filings,
pamphlets, diaties, records, charts, lists, analyses, graphs, log books, diagrams, cost estimates,
worksheets, contracts, agreements, books, catalogs, price lists, price quotations, financial
statements, books of account, journals, ledgers, expense reports and other financial reports, audits,
work papers, profit and loss statemenis, annual reports, state and federal tax returns, purchase
- orders, invoices, billings, credit processing materials, data sheets, tapes, photographs, transcripts,
motion pictures slides, photostats, microfilm, microfiche, maps, receipts, directives, bulletins,
communiques, press releases, newspaper clippings, handbills, or written advertisements, circulars,
notices, messages, tabulations, notes, economic or statistical studies, surveys, polls, minutes,
instructions, requests, cancelled checks, calendars, check pads, appointment books, scrap books,
notebooks, stenographic note pads, specifications, drawings, diagrams, sketches and each draft and
each non-identical copy of the foregoing, including those upon which notations and writings have
been made which do not appear on the originals, now or formerly in the actual or constructive
possession, custody or control of the person or entity referred to or of Gratsiani, or of which
Gratsiani or his representatives or agents have knowledge.
WARNING: Computer generated or stored documents, including computer
files or data, electronic mail, and information on hard disk which has been
erased but is retrievable constitute documents within the meaning of this
definition, An inspection of your computer system may be necessary to assure
compliance with this request.
5. As used in these interrogatories, the words “identity” or “identify”, when referring
to a person means to state that person’s full name, current business and residence addresses, and
current business and residence telephone numbers and when referring to a legal entity, such as a
partnership and corporation, means to give its name, its state of formation or incorporation, and its
current business address and telephone number.6.
As used in these interrogatories, to “identify” or provide the “identity” of a
document shall mean as to each such document, to:
State its customary business description;
State its number, if any (e.g, invoice or purchase order number);
State its date;
Identify its authors, addressors, or senders;
Identify its addressees or recipients, if any, including all persons provided with
copies;
Identify its custodian if you have the document or a copy, in your possession,
custody, or control;
Identify all persons, other than you, that possess, have custody of, or have control
over it or any copy thereof, and
Set forth the substance of its subject matter.
As used in these interrogatories, the words “identity” or “identify,” when referring
to a communication shall mean as to each such communication, to:
a.
b,
Identify each person present or involved as a party to it;
Specify its date;
State how the communication was made (e.g., by telephone, person-to-person,
letter, telegram or the like);
State where the communication was made (e.g., if by telephone, where each person
involved actually participated);
State the substance of what was communicated by each person present or involved
as a party to it; andf. Identify any document that was prepared, either contemporaneously or
subsequently, that records, sets forth, summarizes, refers to, or relates to the
substance of the communication.
8. Where any interrogatory cannot be answered in full, then state, in detail, the reasons
for your inability to fully answer.
9. If you object to any interrogatory or portion thereof on the ground that it requests
information that is privileged or is encompassed within the attorney work-product doctrine, then
you shall provide the following information, except only to the extent it may call for the precise
information you object to disclosing:
a. The nature of the privilege or doctrine you claim;
b. ‘The identity of all documents subject to the privilege or doctrine you claim and the
identity of all persons known to you to have seen the document; and
c, The identity of all oral communications subject to the privilege or doctrine you
claim and the identity of all persons to whom the substance of the oral
communication has been disclosed or made known.
10, Asused in these interrogatories, the singular shall include the plural, and vice versa;
the use of the word “any” shall include and encompass the word “all,” and vice versa; the use of
the disjunctive shall include the conjunctive, and vice versa; and, unless the context indicates
otherwise, the use of any gender includes all other genders,
ll. If you choose in accordance with Rule 1.340(c), Fla. R. Civ. P. to answer any
interrogatory by providing Plaintiff a reasonable opportunity to inspect your records, then you
shall identify each document you intend to provide and state the basis for your contention that theburden of deriving or ascertaining the answer from your records is substantially the same for
Plaintiff as for you.
12, Unless indicated to the contrary, the relevant time period for the information sought
by these interrogatories shall be from DECEMBER 1, 2013, until the present time.
u. INTERROGATORIES
1. Please provide the name, address, telephone number, place of employment and job
title of any person who has, claims to have or whom you believe may have knowledge or
information pertaining to any fact alleged in the pleadings (as defined by the Florida Rules of
Civil Procedure) filed in this action, or any fact underlying the subject matter of this action.
Answer:
Gideow Grats ian, j M rem per 6b
DY Capt 1e, beC
Bos> 778 4S2. Please state the specific nature and substance of the knowledge that you believe the
person(s) identified in your response to interrogatory no. | may have
Answer:
To bred 2 posted te vesgied te.3. Please provide the name of each person whom you may use as an expert witness at
trial.
Answer:
a + Loy Pe cut rad som j Leg wre
Crable ton vom Cony ene et wna s 5.4, Please state in detail the substance of the opinions to be provided by each person
whom you may use as an expert witness at trial.
Answer:
A+ hy Des ak ts he mE } é 4 vy ev z arly
+e Qvoulde, .5. Please state each item of damage that you claim, whether as an affirmative claim
or setoff, and include in your answer: the count or defense to which the item of damages relates;
the category into which each item of damages falls, ie., general damages, or special or
consequential damages (such as lost profits), interest, and any other relevant categories; the
factual basis for each item of damages; and an explanation of how you computed each item of
damages, including any mathematical formula used.
Answer:
. a aN
Re HA Qenk ry rime MM Cracks ain
va sua ot om Poder clan.6. Please identify each document pertaining to each item of damages stated in your
response to interrogatory no. $ above,
Answer:
107. Please identify each document (including pertinent insurance agreements)
pertaining to any fact alleged in any pleading {as defined by the Florida Rules of Civil Procedure)
filed in this action.
Answer:
[Voak
i8. Please identify the author(s) of the November 2014 Letter, including the signatory
and any persons who contributed to, approved, or participating in its drafting,
Answer:
Rttormy chet Vvebage
129. Did you make the following statements [or statements similar to the following] to
the Plaintiff on or about November 2014?
19. During the sarne conversation, GRATSIANI told Plaintiff to disregard the 5 business
day deadline in the letier and that no wiltten request for totum of Plainti's capital
contributions was necessary.
25. Plaintiff trusted GRATSIAN!’s statement that GRATSIANI personally had sufficient
monies and that no matter what happens, GRATSIANI will personally pay Plaintiff back
the capital contributions made by Plaintiff.
If your answer is anything other than an unqualified “No,” please set forth the following
information specifically and in detail:
A. State in detail the surrounding circumstances that caused you to make the
statements).
B, For each person who was present at the time the statement(s) was made, set forth his
or her name, address, occupation and relationship to the parties.
C. Set forth the name, address, occupation and relationship to the parties of every person
having knowledge or information of the facts and representations contained in the
statement(s).
D. Is the above statement(s) true or false?
E. Did you believe that the above statement(s) was true at the time that you made it? If
so, identify and describe with particularity every fact, writing, item of evidence or
information to support the claim that you believed the statement(s) to be true at the time
you made it.
¥. Did you intend that the Plaintiff should believe the above statement(s) at the time that
you imade it?
G. Did you intend that the Plaintiff should rely upon the above Statement(s) at the time
that you made it?
H. Did the Plaintiff rely on the above statement(s) and take actions or make decisions
based upon the statement(s)?
1310. Are you presently aware of any facts, evidence, documents, writings or information
of any kind that support the truth of the statements contained in the preceding interrogatory? If
your answer is anything other than an unqualified “No,” please describe in detail and provide
specific information with respect to each such fact, item of evidence, document, or writing; also,
please provide the name, address and relationship to the parties of each person possessing same.
Answer:
No
1411. Are you presently aware of any facts, evidence, documents, writings or information
of any kind that contradict the truth of the statements contained in interrogatory no. 10? If your
answer ia anything other than an unqualified “No,” please describe in detail and provide specific
information with respect to each such fact, item of evidence, document, writing or information;
also, please provide the name, address and relationship to the parties of each person possessing
same.
Answer:
s
Nes, Mh AUmbee of Pres a
fectick te ofa letlee Some aa
~ % “dd OF : SO, re pues
thelr aghdo ond recered Fonds Some GS
‘ sy re ee
Qw elersdht ad gad eetesod veges ~ “*
" . . dy S
Slanted, We vt Seservelty Fhe mumes ,
td elebrashiys of Te Ladies Qevsens OF
Compre S.
1512. Did you have actual knowledge of the falsity of the subject statement(s) before
making it?
Answer:
v a S tortie tung ee mardt .13. Do you contend that the Plaintiff had actual knowledge of the falsity of the subject
statement(s) before acting upon it? If so, please provide the following information:
A. Set forth each fact, item of evidence, document, writing or information that would
suppart this contention; also, please provide the name, address and relationship to the
parties of each person possessing same.
B. Set forth each faci, item of evidence, document, writing or information that would
contradict this contention; also, please provide the name, address and relationship to the
parties of each person possessing same.
Answer:
Odjechow. Th we stds Ny ms lewd ad
Uarsee :
1714, Do you contend that the Plaintiff's reliance upon your statements was not justified?
If so:
A. Set forth each fact, item of evidence, document, writing or information that would
support this contention; also, please provide the name, address and relationshi p to the
parties of each person possessing same.
B. Set forth each fact, item of evidence, document, writing or information that would
contradict this contention; also, please provide the name, address and relationship to the
parties of each person possessing same.
Tk OS tetemect ety RE OY nde >
. wecccd be
Knew amy ve ae s* L- fod So wees VeRO
\aee beew mye ia weet :
Pleat15. Do you contend that the Plaintiff could not have justifiably relied upon the
statements? If so:
A. Set forth each fact, item of evidence, document, writing or information that would
support this contention; also, please provide the name, address and relationship to the
parties of each person possessing same.
B. Set forth each fact, item of evidence, document, writing or information that would
contradict this contention; also, please provide the name, address and relationship to the
parties of each person possessing same.
Answer:
The Stihemest wrs neve mide) thes eve
Coos Vd hwer bea avo veldened Pow
ve le thea bet Vegind wr teens nore
lors otty eesteoas had no Qebiam
Lom ey wa wotlk.16. Describe your relationship with Amnon Bensimon including, but not limited to, the
duration of that relationship, prior business dealings, common friends.
Answer:
Dh bw. Poeshen ay yayer. Rey grat
bussnss denon § th. Reads nea voou td heer
Lk Lincbbde ef,
2017 Identify your obligation(s} to personally guarantee debts or obligations of any of
DYC Capital 16 LLC; Shani Ami, LLC; and/or Ella Ami, LLC.
Answer
Now
2118. Identify and describe the relationships among DYC Capital 16 LLC; Shani Ami,
>, Hila Ami, LLC; and Trust Real Estate Ventures, LLC d/b/a Florida State Trust
Answer:
. - West
) 4 ¢ Capita i k, Lie is overage hy S
Reut Fsdude Vertes J tLe
SS yer Pome EL rei Clla Pre LLC a8 Bee
; 4 2 ime Daves beg Lue
4 dC Cageet VE, ELE Cbd femlan19. Describe your role in, and business relationship to, Trust Real Estate Ventures, LLC
d/b/a Florida State Trust.
Answer:
M am ropeAS TO ANSWERS:
_~ DD ,
Wedel WIG! Lt
fF
Gideon MG Gratsiani
STATE OF FLORIDA
COUNTY OF Dake . af burrs
BEFORE ME, the undersigned authority, this U1 day of Dec, > 2017
personally appeared GIDEON MG GRATSIANL, who after being first duly. , States that
he/she is the person who provided the answers to the First Set of Interrogatories and that the
answers provided therein are true and correct, and who is personally known to me or who has
produced JEmnopnew ____. 48 identification and who did (did not) take an oath,
(SEAL)
a &
Notary Public (signature)
oe —,
(Typed.
rinted name of Notary Public)
Conunission No.
My Commission Expires:
JEFFREY PAPELL
Notary Public - State of Florida
My Comm. Expires Aug 5, 2018
Commission # FF 116413
Sonded Through National Notary Asse
24Dated November 27, 2017.
s/Joshua B. Spector
Robert H. Thornburg
Florida Bar No. 630829
E-Mail: zthor z
Joshua B. Spector
Florida Bar No. 584142
E-Mail: ispecto: iendyer.com
Cameron C. Murphy
Florida Bar No. 125086
H-Mail: cmurphy@aliendyer.com
ALLEN, DYER, DOPPELT
& GILCHRIST, P.A.
1221 Brickell Ave., Suite 2400
Miami, Florida 33131
Telephone: (305) 374-8303
Facsimile: (305) 374-8306
Co-Counsel for Plaintiff
AMIAMI INVESTMENTS, LLC
ADDICOTT & ADDICOTT, P.A.
900 North Federal Highway, Suite 201
Hallandale Beach, FL 33009
Phone (954) 454-2605
Fax (954) 454-2615
Co-Counsel for Plaintiff
AMIAMI INVESTMENTS, LLCCERTIFICATE OF SERVICE
I hereby certify that on November 27, 2017, the undersigned electronically filed the
foregoing with the Clerk of the Courts by using the ECF system which will send a notice of
electronic filing to counsel of record. I further certify that a copy of the foregoing has been served
via E-Mail to the following:
Michael L. Addicot
Florida Bar No. 456446
Primary E-Mai
Secondary E-Mail:
ADDICOTT & ADDICOTT, P.A.
900 N. Federal Highway, Suite 201
Hallandale Beach, FL 33009
Telephone: (954) 454-2605
Facsimile: (954) 454-2615
Co-Counsel for Plaintiff
AMIAMI INVESTMENTS, LLC
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
Counsel for Defendant
GIDEON GRATSIANI
26
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Filing # 65876302 E-Filed 12/28/2017 11:55:06 AM IN THE CIRCUIT COURT THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA CASE NO. 13-2017-CA13319 AMIAMI INVESTMENTS, LLC, PLAINTIFF, v. DYC CAPITAL 16 LLC, a Florida Limited Liability Company, et al., DEFENDANTS, / NOTICE OF SERVICE OF DEFENDANT'S RESPONSES TO PLAINTIFF’S FIRST INTERROGATORIES You are notified that the Defendant has on this 28th day of December 2017 served upon Plaintiff, responses to Plaintiff's Interrogatories. RESPECTFULLY SUBMITTED /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.comCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this 28" day of December, 2017 via Florida’s e-filing Portal. RESPECTFULLY SUBMITTED /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: 305-374-8306 jspector@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, LLCFiling # 64629253 E-Filed 11/27/2017 05:56:18 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. Plaintiffs First Set of Interrogatories to Defendant, Gideon Gratsiani Pursuant to Rule 1.340, Florida Rules of Civil Procedure, Plaintiff, by and through its undersigned attorneys, propounds the following interrogatories to be answered by Defendant, Gideon Gratsiani a/k/a Gideon M.G. Gratsiani, in writing and under oath within thirty (30) days from the date of service. L DEFINITIONS AND INSTRUCTIONS 1. As used in these interrogatories, the terms “you,” “your,” and “Gratsiani” shall mean Defendant, Gideon Gratsiani a/k/a Gideon M.G, Gratsiani, as well as any employee, attorney or other agent acting on your behalf. 2. “November 2014 Letter” shall mean the letter dated November 13, 2014, attached to Plaintiff’ s Complaint as Exhibit C, 3. As used in these interrogatories, the term “communicate” or “communications” means the act or fact of communicating, whether orally, nonverbally, telephonically, telegraphically, in writing, by recording, or otherwise. 4, As used in these interrogatories, the word “document” shall mean, in addition to its common meaning, correspondence, memoranda (including written memoranda. of telephone conversations, other oral communications, discussions, agreements, acts and activities), telegrams,telexes, cables, telephone, records, reports, tests, samples, studies, compilations of data, filings, pamphlets, diaties, records, charts, lists, analyses, graphs, log books, diagrams, cost estimates, worksheets, contracts, agreements, books, catalogs, price lists, price quotations, financial statements, books of account, journals, ledgers, expense reports and other financial reports, audits, work papers, profit and loss statemenis, annual reports, state and federal tax returns, purchase - orders, invoices, billings, credit processing materials, data sheets, tapes, photographs, transcripts, motion pictures slides, photostats, microfilm, microfiche, maps, receipts, directives, bulletins, communiques, press releases, newspaper clippings, handbills, or written advertisements, circulars, notices, messages, tabulations, notes, economic or statistical studies, surveys, polls, minutes, instructions, requests, cancelled checks, calendars, check pads, appointment books, scrap books, notebooks, stenographic note pads, specifications, drawings, diagrams, sketches and each draft and each non-identical copy of the foregoing, including those upon which notations and writings have been made which do not appear on the originals, now or formerly in the actual or constructive possession, custody or control of the person or entity referred to or of Gratsiani, or of which Gratsiani or his representatives or agents have knowledge. WARNING: Computer generated or stored documents, including computer files or data, electronic mail, and information on hard disk which has been erased but is retrievable constitute documents within the meaning of this definition, An inspection of your computer system may be necessary to assure compliance with this request. 5. As used in these interrogatories, the words “identity” or “identify”, when referring to a person means to state that person’s full name, current business and residence addresses, and current business and residence telephone numbers and when referring to a legal entity, such as a partnership and corporation, means to give its name, its state of formation or incorporation, and its current business address and telephone number.6. As used in these interrogatories, to “identify” or provide the “identity” of a document shall mean as to each such document, to: State its customary business description; State its number, if any (e.g, invoice or purchase order number); State its date; Identify its authors, addressors, or senders; Identify its addressees or recipients, if any, including all persons provided with copies; Identify its custodian if you have the document or a copy, in your possession, custody, or control; Identify all persons, other than you, that possess, have custody of, or have control over it or any copy thereof, and Set forth the substance of its subject matter. As used in these interrogatories, the words “identity” or “identify,” when referring to a communication shall mean as to each such communication, to: a. b, Identify each person present or involved as a party to it; Specify its date; State how the communication was made (e.g., by telephone, person-to-person, letter, telegram or the like); State where the communication was made (e.g., if by telephone, where each person involved actually participated); State the substance of what was communicated by each person present or involved as a party to it; andf. Identify any document that was prepared, either contemporaneously or subsequently, that records, sets forth, summarizes, refers to, or relates to the substance of the communication. 8. Where any interrogatory cannot be answered in full, then state, in detail, the reasons for your inability to fully answer. 9. If you object to any interrogatory or portion thereof on the ground that it requests information that is privileged or is encompassed within the attorney work-product doctrine, then you shall provide the following information, except only to the extent it may call for the precise information you object to disclosing: a. The nature of the privilege or doctrine you claim; b. ‘The identity of all documents subject to the privilege or doctrine you claim and the identity of all persons known to you to have seen the document; and c, The identity of all oral communications subject to the privilege or doctrine you claim and the identity of all persons to whom the substance of the oral communication has been disclosed or made known. 10, Asused in these interrogatories, the singular shall include the plural, and vice versa; the use of the word “any” shall include and encompass the word “all,” and vice versa; the use of the disjunctive shall include the conjunctive, and vice versa; and, unless the context indicates otherwise, the use of any gender includes all other genders, ll. If you choose in accordance with Rule 1.340(c), Fla. R. Civ. P. to answer any interrogatory by providing Plaintiff a reasonable opportunity to inspect your records, then you shall identify each document you intend to provide and state the basis for your contention that theburden of deriving or ascertaining the answer from your records is substantially the same for Plaintiff as for you. 12, Unless indicated to the contrary, the relevant time period for the information sought by these interrogatories shall be from DECEMBER 1, 2013, until the present time. u. INTERROGATORIES 1. Please provide the name, address, telephone number, place of employment and job title of any person who has, claims to have or whom you believe may have knowledge or information pertaining to any fact alleged in the pleadings (as defined by the Florida Rules of Civil Procedure) filed in this action, or any fact underlying the subject matter of this action. Answer: Gideow Grats ian, j M rem per 6b DY Capt 1e, beC Bos> 778 4S2. Please state the specific nature and substance of the knowledge that you believe the person(s) identified in your response to interrogatory no. | may have Answer: To bred 2 posted te vesgied te.3. Please provide the name of each person whom you may use as an expert witness at trial. Answer: a + Loy Pe cut rad som j Leg wre Crable ton vom Cony ene et wna s 5.4, Please state in detail the substance of the opinions to be provided by each person whom you may use as an expert witness at trial. Answer: A+ hy Des ak ts he mE } é 4 vy ev z arly +e Qvoulde, .5. Please state each item of damage that you claim, whether as an affirmative claim or setoff, and include in your answer: the count or defense to which the item of damages relates; the category into which each item of damages falls, ie., general damages, or special or consequential damages (such as lost profits), interest, and any other relevant categories; the factual basis for each item of damages; and an explanation of how you computed each item of damages, including any mathematical formula used. Answer: . a aN Re HA Qenk ry rime MM Cracks ain va sua ot om Poder clan.6. Please identify each document pertaining to each item of damages stated in your response to interrogatory no. $ above, Answer: 107. Please identify each document (including pertinent insurance agreements) pertaining to any fact alleged in any pleading {as defined by the Florida Rules of Civil Procedure) filed in this action. Answer: [Voak i8. Please identify the author(s) of the November 2014 Letter, including the signatory and any persons who contributed to, approved, or participating in its drafting, Answer: Rttormy chet Vvebage 129. Did you make the following statements [or statements similar to the following] to the Plaintiff on or about November 2014? 19. During the sarne conversation, GRATSIANI told Plaintiff to disregard the 5 business day deadline in the letier and that no wiltten request for totum of Plainti's capital contributions was necessary. 25. Plaintiff trusted GRATSIAN!’s statement that GRATSIANI personally had sufficient monies and that no matter what happens, GRATSIANI will personally pay Plaintiff back the capital contributions made by Plaintiff. If your answer is anything other than an unqualified “No,” please set forth the following information specifically and in detail: A. State in detail the surrounding circumstances that caused you to make the statements). B, For each person who was present at the time the statement(s) was made, set forth his or her name, address, occupation and relationship to the parties. C. Set forth the name, address, occupation and relationship to the parties of every person having knowledge or information of the facts and representations contained in the statement(s). D. Is the above statement(s) true or false? E. Did you believe that the above statement(s) was true at the time that you made it? If so, identify and describe with particularity every fact, writing, item of evidence or information to support the claim that you believed the statement(s) to be true at the time you made it. ¥. Did you intend that the Plaintiff should believe the above statement(s) at the time that you imade it? G. Did you intend that the Plaintiff should rely upon the above Statement(s) at the time that you made it? H. Did the Plaintiff rely on the above statement(s) and take actions or make decisions based upon the statement(s)? 1310. Are you presently aware of any facts, evidence, documents, writings or information of any kind that support the truth of the statements contained in the preceding interrogatory? If your answer is anything other than an unqualified “No,” please describe in detail and provide specific information with respect to each such fact, item of evidence, document, or writing; also, please provide the name, address and relationship to the parties of each person possessing same. Answer: No 1411. Are you presently aware of any facts, evidence, documents, writings or information of any kind that contradict the truth of the statements contained in interrogatory no. 10? If your answer ia anything other than an unqualified “No,” please describe in detail and provide specific information with respect to each such fact, item of evidence, document, writing or information; also, please provide the name, address and relationship to the parties of each person possessing same. Answer: s Nes, Mh AUmbee of Pres a fectick te ofa letlee Some aa ~ % “dd OF : SO, re pues thelr aghdo ond recered Fonds Some GS ‘ sy re ee Qw elersdht ad gad eetesod veges ~ “* " . . dy S Slanted, We vt Seservelty Fhe mumes , td elebrashiys of Te Ladies Qevsens OF Compre S. 1512. Did you have actual knowledge of the falsity of the subject statement(s) before making it? Answer: v a S tortie tung ee mardt .13. Do you contend that the Plaintiff had actual knowledge of the falsity of the subject statement(s) before acting upon it? If so, please provide the following information: A. Set forth each fact, item of evidence, document, writing or information that would suppart this contention; also, please provide the name, address and relationship to the parties of each person possessing same. B. Set forth each faci, item of evidence, document, writing or information that would contradict this contention; also, please provide the name, address and relationship to the parties of each person possessing same. Answer: Odjechow. Th we stds Ny ms lewd ad Uarsee : 1714, Do you contend that the Plaintiff's reliance upon your statements was not justified? If so: A. Set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationshi p to the parties of each person possessing same. B. Set forth each fact, item of evidence, document, writing or information that would contradict this contention; also, please provide the name, address and relationship to the parties of each person possessing same. Tk OS tetemect ety RE OY nde > . wecccd be Knew amy ve ae s* L- fod So wees VeRO \aee beew mye ia weet : Pleat15. Do you contend that the Plaintiff could not have justifiably relied upon the statements? If so: A. Set forth each fact, item of evidence, document, writing or information that would support this contention; also, please provide the name, address and relationship to the parties of each person possessing same. B. Set forth each fact, item of evidence, document, writing or information that would contradict this contention; also, please provide the name, address and relationship to the parties of each person possessing same. Answer: The Stihemest wrs neve mide) thes eve Coos Vd hwer bea avo veldened Pow ve le thea bet Vegind wr teens nore lors otty eesteoas had no Qebiam Lom ey wa wotlk.16. Describe your relationship with Amnon Bensimon including, but not limited to, the duration of that relationship, prior business dealings, common friends. Answer: Dh bw. Poeshen ay yayer. Rey grat bussnss denon § th. Reads nea voou td heer Lk Lincbbde ef, 2017 Identify your obligation(s} to personally guarantee debts or obligations of any of DYC Capital 16 LLC; Shani Ami, LLC; and/or Ella Ami, LLC. Answer Now 2118. Identify and describe the relationships among DYC Capital 16 LLC; Shani Ami, >, Hila Ami, LLC; and Trust Real Estate Ventures, LLC d/b/a Florida State Trust Answer: . - West ) 4 ¢ Capita i k, Lie is overage hy S Reut Fsdude Vertes J tLe SS yer Pome EL rei Clla Pre LLC a8 Bee ; 4 2 ime Daves beg Lue 4 dC Cageet VE, ELE Cbd femlan19. Describe your role in, and business relationship to, Trust Real Estate Ventures, LLC d/b/a Florida State Trust. Answer: M am ropeAS TO ANSWERS: _~ DD , Wedel WIG! Lt fF Gideon MG Gratsiani STATE OF FLORIDA COUNTY OF Dake . af burrs BEFORE ME, the undersigned authority, this U1 day of Dec, > 2017 personally appeared GIDEON MG GRATSIANL, who after being first duly. , States that he/she is the person who provided the answers to the First Set of Interrogatories and that the answers provided therein are true and correct, and who is personally known to me or who has produced JEmnopnew ____. 48 identification and who did (did not) take an oath, (SEAL) a & Notary Public (signature) oe —, (Typed. rinted name of Notary Public) Conunission No. My Commission Expires: JEFFREY PAPELL Notary Public - State of Florida My Comm. Expires Aug 5, 2018 Commission # FF 116413 Sonded Through National Notary Asse 24Dated November 27, 2017. s/Joshua B. Spector Robert H. Thornburg Florida Bar No. 630829 E-Mail: zthor z Joshua B. Spector Florida Bar No. 584142 E-Mail: ispecto: iendyer.com Cameron C. Murphy Florida Bar No. 125086 H-Mail: cmurphy@aliendyer.com ALLEN, DYER, DOPPELT & GILCHRIST, P.A. 1221 Brickell Ave., Suite 2400 Miami, Florida 33131 Telephone: (305) 374-8303 Facsimile: (305) 374-8306 Co-Counsel for Plaintiff AMIAMI INVESTMENTS, LLC ADDICOTT & ADDICOTT, P.A. 900 North Federal Highway, Suite 201 Hallandale Beach, FL 33009 Phone (954) 454-2605 Fax (954) 454-2615 Co-Counsel for Plaintiff AMIAMI INVESTMENTS, LLCCERTIFICATE OF SERVICE I hereby certify that on November 27, 2017, the undersigned electronically filed the foregoing with the Clerk of the Courts by using the ECF system which will send a notice of electronic filing to counsel of record. I further certify that a copy of the foregoing has been served via E-Mail to the following: Michael L. Addicot Florida Bar No. 456446 Primary E-Mai Secondary E-Mail: ADDICOTT & ADDICOTT, P.A. 900 N. Federal Highway, Suite 201 Hallandale Beach, FL 33009 Telephone: (954) 454-2605 Facsimile: (954) 454-2615 Co-Counsel for Plaintiff AMIAMI INVESTMENTS, LLC 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 Counsel for Defendant GIDEON GRATSIANI 26