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Filing # 136879568 E-Filed 10/19/2021 08:11:35 PM
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
MASHA ‘MALU’ LUND; HILLARY :
FISHER VINSON a/k/a HILLARY HEPNER; :
LUCY PINDER; IRINA VORONINA; :
BROOKE MARRIN a/k/a BROOKE BANX :
and EMILY SEARS, :
:
Plaintiffs, :
: Case No: 21-000512-CI-020
vs. : UCN: 522021CA000512XXCICI
:
GULF COAST HOLDINGS, LLC, d/b/a OZ :
THEE GENTLEMEN’S CLUB d/b/a OZ :
LADIES’ & GENTLEMEN’S NIGHTCLUB, :
:
Defendant. :
:
DEFENDANT’S MOTION TO COMPEL DISCOVERY
Defendant, GULF COAST HOLDINGS, LLC, pursuant to Rule 1.380(2), Fla. R. Civ. P.,
moves that this Court enter its Order directing the Plaintiffs in this cause to answer the
interrogatories and produce the documents and records requested and for grounds would state:
1. This case arises from allegations that Defendant, an adult use establishment,
misappropriated images of the Plaintiffs from the Internet and utilized those images in on-line
advertising of its business operations.
2. On August 18, 2021, Defendant filed its Notice of Service of Interrogatories and
Request to Produce to each Plaintiff.
3. On September 17, 2021, each Plaintiff filed her Notice of Service of Answers to
Interrogatories and Response to Request to Produce. Each response filed by each individual plaintiff
was exactly the same. Notwithstanding that the Defendant filed its Request to Produce to six
individual plaintiffs, not a single document was produced.
***ELECTRONICALLY FILED 10/19/2021 08:11:35 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
4. Aside from their personal information, specifically, names, former names, addresses,
employment history, litigation history, etc., each Plaintiff’s Answers to Interrogatories replicated the
other Plaintiff’s Answers.
5. Defendant moves to compel answers to the following Interrogatories with respect to
each Plaintiff:
a. Interrogatory #6. List the names and addresses of all persons who are
believed or are known to you, your agents or attorneys to have any knowledge
concerning any of the issues in this lawsuit and specify the subject matter about the
witness has knowledge.
Answer: None.
b. Interrogatory #7. List each item of expense or damage that you claim to
have incurred as a result of the incident described in the complaint.
Answer: Plaintiff objects to this Interrogatory to the extent that it seeks the
disclosure of expert testimony regarding damages, included but limited to expert
opinion testimony regarding the fair market value of the use of Plaintiff’s image to
commercial ventures prior to the date set forth in the Court’s scheduling order or the
applicable rules.
c. Interrogatory #9. List each and every “adult entertainment” or “strip
tease outlets” for which you have promoted your image or likeness as alleged
in Paragraph 29 of your Complaint for damages....
Answer: Plaintiff has never engaged in the conduct suggested in this
interrogatory.
d. Interrogatory #12. List each and every publication, either printed or
internet-based, for which you have posed, specifying whether you appeared nude,
partially nude or in a sexually suggestive manner in each publication, the
compensation you received for each instance;.......
Answer: Objection, over broad, vague, intended to harass, irrelevant and
immaterial to the subject of this matter, is not reasonably calculated to the discovery
of admissible evidence. Further, the terms partially nude and sexually suggestive are
not defined.
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e. Interrogatory #18. What information and/or evidence do you have that
Defendant was well aware of the standard negotiation process over terms of use,
conditions of release, licensing issues and other contractual incidences as alleged in
Paragraph 13 of your Complaint for Damages.
Answer: The requested information is in the Defendant’s possession, control
or custody. Defendant refused to produce the same.
f. Interrogatory #20. Do you intend to call an expert witness at the trial of
this case? If so, please identify; describe his/her qualifications as an expert; state the
subject matter upon which he/she is expected to testify; state the substance of the
facts and opinion to which he/she is expected to testify and give a summary of the
grounds for each opinion.
Answer: Plaintiff objects to this Interrogatory on the grounds that it is
premature, the discovery process is ongoing and the Plaintiffs have not yet
determined or identified any expert witnesses. Plaintiff will disclose any expert
witness responsive to this Interrogatory at the appropriate time and pursuant to the
Court’s scheduling and or pretrial conference order(s).
6. Each Plaintiff objected to the following requests for production made by Defendant:
a. (3) Tax returns for the tax years 2015 through current including all
schedules and attachments, reflecting income derived from the use of your
image, likeness, brand , etc.;
Response: Plaintiff objects to the Request as it is irrelevant and not
reasonably calculated to lead to the discovery of admissible evidence, overly
broad, unduly burdensome, oppressive and harassing.
b. (5) Any and all images, photographs, videos, etc., from any and all
magazines, printed and/or internet based, where you are posing nude, partially
nude, and/or in a sexually suggestive and/or explicit manner.
Response: Plaintiff objects to this Request to the extent it is over broad,
vague, intended to harass, irrelevant, and immaterial to the subject matter
and the information sought is not reasonably calculated to the discovery of
admissible evidence. Further, the terms partially nude, and or in a sexually
suggestive and/or explicit manner are not defined.
c. (6) Any and all posts made by you on any social media website which
depict your image, likeness and/or “brand” where you are posing nude,
partially nude, and/or in a sexually suggestive and/or explicit manner.
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Response: Plaintiff objects to this Request to the extent it is over broad,
vague, intended to harass, irrelevant, and immaterial to the subject of this
matter and the information sought is not reasonably calculated to lead to the
discovery of admissible evidence. Further, the terms partially nude, sexually
suggestive, and explicit manner are not defined.
d. (7) Any and all posts made by you on any social media website which
depicts your image, likeness and/or ‘brand’ where you are posing nude,
and/or in a sexually suggestive and/or explicit manner.
Response: Same as #5 above.
e. (8) Any and all of your images, photographs, videos, etc, which were the
subject of any lawsuit in which you were the Plaintiff alleging your image,
likeness, etc., was misappropriated and/or exploited in any way.
Response: None.
f. (11) Copies of any statements of any witness or the name, address and
identity, including the date a statement may have been taken, of any witness.
Response: Plaintiff objects to this Request to the extent it is over broad
and vague.
g. (12) Any and all documents, articles, writings, correspondence, recordings,
memoranda, etc., that you contend support any of the allegations set forth in
your Complaint for Damages.
Response: Plaintiff objects to this Request to the extent it seeks
disclosure of expert testimony regarding damages, including but not limited
to expert opinion testimony regarding the fair market value of the use of
Plaintiff’s image to commercial ventures prior to the date set forth in the
Court’s scheduling order or the applicable rules.
h. (13) Any and all documents evidencing any damages you allege to have
suffered resulting from Defendant’s alleged use of your image.
Response: See response to Response to Request for Production No. 12
above.
7. Defendant has incurred attorney fees as the result of the Plaintiff’s failure to provide
documents as required and for the necessity of filing this motion.
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WHEREFORE, Defendant, GULF COAST HOLDINGS, LLC, moves that this Court enter
its Order overruling Plaintiffs’ objections and compelling each Plaintiff to answer the Interrogatories
and produce the documents and records requested in the foregoing paragraphs and awarding to
Defendant attorney’s fees and costs incurred in the prosecution of this motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s Motion to
Compel Discovery has been furnished by E-mail to LUDMILA KHOMIAK, ESQUIRE, Attorney
for Plaintiffs, at mila@talentrights.law this 19th day of October 2021.
LAW OFFICE OF DAVID J. KURLAND
By: /s/ David J. Kurland
DAVID J. KURLAND, ESQUIRE
140 Island Way, Suite 167
Clearwater, Florida 33767-2216
Telephone: (727) 461-3555
Primary e-mail: david@davidkurland.com
Secondary e-mail: sheila@davidkurland.com
SPN: 00000144 FBN: 0128042
Attorney for Defendant
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Filing # 136879568 E-Filed 10/19/2021 08:11:35 PM IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA MASHA ‘MALU’ LUND; HILLARY : FISHER VINSON a/k/a HILLARY HEPNER; : LUCY PINDER; IRINA VORONINA; : BROOKE MARRIN a/k/a BROOKE BANX : and EMILY SEARS, : : Plaintiffs, : : Case No: 21-000512-CI-020 vs. : UCN: 522021CA000512XXCICI : GULF COAST HOLDINGS, LLC, d/b/a OZ : THEE GENTLEMEN’S CLUB d/b/a OZ : LADIES’ & GENTLEMEN’S NIGHTCLUB, : : Defendant. : : DEFENDANT’S MOTION TO COMPEL DISCOVERY Defendant, GULF COAST HOLDINGS, LLC, pursuant to Rule 1.380(2), Fla. R. Civ. P., moves that this Court enter its Order directing the Plaintiffs in this cause to answer the interrogatories and produce the documents and records requested and for grounds would state: 1. This case arises from allegations that Defendant, an adult use establishment, misappropriated images of the Plaintiffs from the Internet and utilized those images in on-line advertising of its business operations. 2. On August 18, 2021, Defendant filed its Notice of Service of Interrogatories and Request to Produce to each Plaintiff. 3. On September 17, 2021, each Plaintiff filed her Notice of Service of Answers to Interrogatories and Response to Request to Produce. Each response filed by each individual plaintiff was exactly the same. Notwithstanding that the Defendant filed its Request to Produce to six individual plaintiffs, not a single document was produced. ***ELECTRONICALLY FILED 10/19/2021 08:11:35 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 4. Aside from their personal information, specifically, names, former names, addresses, employment history, litigation history, etc., each Plaintiff’s Answers to Interrogatories replicated the other Plaintiff’s Answers. 5. Defendant moves to compel answers to the following Interrogatories with respect to each Plaintiff: a. Interrogatory #6. List the names and addresses of all persons who are believed or are known to you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit and specify the subject matter about the witness has knowledge. Answer: None. b. Interrogatory #7. List each item of expense or damage that you claim to have incurred as a result of the incident described in the complaint. Answer: Plaintiff objects to this Interrogatory to the extent that it seeks the disclosure of expert testimony regarding damages, included but limited to expert opinion testimony regarding the fair market value of the use of Plaintiff’s image to commercial ventures prior to the date set forth in the Court’s scheduling order or the applicable rules. c. Interrogatory #9. List each and every “adult entertainment” or “strip tease outlets” for which you have promoted your image or likeness as alleged in Paragraph 29 of your Complaint for damages.... Answer: Plaintiff has never engaged in the conduct suggested in this interrogatory. d. Interrogatory #12. List each and every publication, either printed or internet-based, for which you have posed, specifying whether you appeared nude, partially nude or in a sexually suggestive manner in each publication, the compensation you received for each instance;....... Answer: Objection, over broad, vague, intended to harass, irrelevant and immaterial to the subject of this matter, is not reasonably calculated to the discovery of admissible evidence. Further, the terms partially nude and sexually suggestive are not defined. 2 e. Interrogatory #18. What information and/or evidence do you have that Defendant was well aware of the standard negotiation process over terms of use, conditions of release, licensing issues and other contractual incidences as alleged in Paragraph 13 of your Complaint for Damages. Answer: The requested information is in the Defendant’s possession, control or custody. Defendant refused to produce the same. f. Interrogatory #20. Do you intend to call an expert witness at the trial of this case? If so, please identify; describe his/her qualifications as an expert; state the subject matter upon which he/she is expected to testify; state the substance of the facts and opinion to which he/she is expected to testify and give a summary of the grounds for each opinion. Answer: Plaintiff objects to this Interrogatory on the grounds that it is premature, the discovery process is ongoing and the Plaintiffs have not yet determined or identified any expert witnesses. Plaintiff will disclose any expert witness responsive to this Interrogatory at the appropriate time and pursuant to the Court’s scheduling and or pretrial conference order(s). 6. Each Plaintiff objected to the following requests for production made by Defendant: a. (3) Tax returns for the tax years 2015 through current including all schedules and attachments, reflecting income derived from the use of your image, likeness, brand , etc.; Response: Plaintiff objects to the Request as it is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence, overly broad, unduly burdensome, oppressive and harassing. b. (5) Any and all images, photographs, videos, etc., from any and all magazines, printed and/or internet based, where you are posing nude, partially nude, and/or in a sexually suggestive and/or explicit manner. Response: Plaintiff objects to this Request to the extent it is over broad, vague, intended to harass, irrelevant, and immaterial to the subject matter and the information sought is not reasonably calculated to the discovery of admissible evidence. Further, the terms partially nude, and or in a sexually suggestive and/or explicit manner are not defined. c. (6) Any and all posts made by you on any social media website which depict your image, likeness and/or “brand” where you are posing nude, partially nude, and/or in a sexually suggestive and/or explicit manner. 3 Response: Plaintiff objects to this Request to the extent it is over broad, vague, intended to harass, irrelevant, and immaterial to the subject of this matter and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. Further, the terms partially nude, sexually suggestive, and explicit manner are not defined. d. (7) Any and all posts made by you on any social media website which depicts your image, likeness and/or ‘brand’ where you are posing nude, and/or in a sexually suggestive and/or explicit manner. Response: Same as #5 above. e. (8) Any and all of your images, photographs, videos, etc, which were the subject of any lawsuit in which you were the Plaintiff alleging your image, likeness, etc., was misappropriated and/or exploited in any way. Response: None. f. (11) Copies of any statements of any witness or the name, address and identity, including the date a statement may have been taken, of any witness. Response: Plaintiff objects to this Request to the extent it is over broad and vague. g. (12) Any and all documents, articles, writings, correspondence, recordings, memoranda, etc., that you contend support any of the allegations set forth in your Complaint for Damages. Response: Plaintiff objects to this Request to the extent it seeks disclosure of expert testimony regarding damages, including but not limited to expert opinion testimony regarding the fair market value of the use of Plaintiff’s image to commercial ventures prior to the date set forth in the Court’s scheduling order or the applicable rules. h. (13) Any and all documents evidencing any damages you allege to have suffered resulting from Defendant’s alleged use of your image. Response: See response to Response to Request for Production No. 12 above. 7. Defendant has incurred attorney fees as the result of the Plaintiff’s failure to provide documents as required and for the necessity of filing this motion. 4 WHEREFORE, Defendant, GULF COAST HOLDINGS, LLC, moves that this Court enter its Order overruling Plaintiffs’ objections and compelling each Plaintiff to answer the Interrogatories and produce the documents and records requested in the foregoing paragraphs and awarding to Defendant attorney’s fees and costs incurred in the prosecution of this motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s Motion to Compel Discovery has been furnished by E-mail to LUDMILA KHOMIAK, ESQUIRE, Attorney for Plaintiffs, at mila@talentrights.law this 19th day of October 2021. LAW OFFICE OF DAVID J. KURLAND By: /s/ David J. Kurland DAVID J. KURLAND, ESQUIRE 140 Island Way, Suite 167 Clearwater, Florida 33767-2216 Telephone: (727) 461-3555 Primary e-mail: david@davidkurland.com Secondary e-mail: sheila@davidkurland.com SPN: 00000144 FBN: 0128042 Attorney for Defendant 5