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Filing # 134846446 E-Filed 09/17/2021 07:00:29 PM
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
MASHA ÔMALUÕ LUND; HILLARY FISHER
VINSON a/k/a HILLARY HEPNER; LUCY
PINDER; IRINA VORONINA; BROOKE MARRIN
a/k/a BROOKE BANX and EMILY SEARS, Case No. 2021CA-000512XXCICI
PLAINTIFFS,
vs.
GULF COAST HOLDINGS, L.L.C. d/b/a
OZ THEE GENTLEMENS CLUB d/b/a
OZ LADIESÕ & GENTLEMENÕS NIGHTCLUB,
DEFENDANT.
___________________________________________/
PLAINTIFF BROOKE MARRIN a/k/a BROOKE BANXÕS RESPONSE TO
DEFENDANTÕS REQUEST FOR PRODUCTION
Plaintiff, BROOKE MARRIN a/k/a BROOKE BANX, by and through the undersigned
counsel, hereby serves her responses to DefendantÕs Request for Production (the ÒRequestsÓ) and
states as follows:
1. Any and all contracts related to your image attached to the Complaint for Damages forming
the basis of your claim.
Response: Plaintiff is not in possession, custody or control of the requested documents.
2. Any and all contracts into which you entered for your image, likeness, Òbrand,Ó etc., from
December 5, 2015 to current.
Response: Plaintiff is not in possession, custody or control of the requested documents.
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 this Request as it is irrelevant and not reasonably calculated to
***ELECTRONICALLY FILED 09/17/2021 07:00:29 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
lead to the discovery of admissible evidence, overly broad, unduly burdensome, oppressive and
harassing.
4. Any and all documents reflecting income derived from the use of your image, likeness,
brand, etc., other than the request made in #3 above, for the years 2015 through current,
including but not limited to, W-2Õs, 1099Õs, K-1Õs, royalties, contracts, etc.
Response: Plaintiff is not in possession, custody or control of the requested documents.
5. Any and all images, photographs, videos, etc., of you 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 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.
6. Any and all music video in which you have appeared.
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.
7. Any and all posts made by you on any social media website which depict your image,
likeness and/or ÒbrandÓ 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 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.
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: Plaintiff objects to this Request to the extent it is over broad, intended to harass,
irrelevant, burdensome, and immaterial to the subject of this matter and the information sought is
not reasonably calculated to lead to the discovery of admissible evidence.
9. Any and all of your images, photographs, videos, etc., utilized by each and every Òadult
entertainmentÓ and ÒstripteaseÓ outlet you promoted as alleged in Paragraph 29 of your
Complaint for Damages.
Response: None.
10. Any and all documents, e-mails, computer data, texts, or information from any source
evidencing the discovery of DefendantÕs alleged use of the subject image.
Response: Plaintiff is not in possession, custody or control of the requested documents.
11. Copies of any statements of any employee or agent of Defendant.
Response: Plaintiff is not in possession, custody or control of the requested documents. The
requested documents are in defendantÕs possession, custody or control.
12. 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.
13. 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 PlaintiffÕs image to commercial ventures prior to the date set
forth in the CourtÕs scheduling order or the applicable rules.
14. Any and all documents evidencing any damages you allege to have suffered resulting from
DefendantÕs alleged use of your image.
Response: See Response to Request for Production No. 13 above.
15. Any and all evidence you intend to use at the trial in this cause.
Response: Plaintiff objects to this Request on the ground that it is premature as the
discovery process has just began and other than the exhibit appended to the operative Complaint,
Plaintiff has not yet determined or identified any additional trial exhibits.
16. Any and all written reports from any expert witness or consultant retained by you regarding
this matter.
Response: See Response to Request for Production No. 12 above.
Date: September 17, 2021. Respectfully submitted,
THE CASAS LAW FIRM, P.C
By: /s/ Ludmila Khomiak
Ludmila Khomiak, Esq.
Florida Bar No.: 91757
mila@talentrights.law
Brickell Bayview Center
80 S. W. Sth Street, Suite 2000
Miami, FL 33130
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this 17th day of September, 2021 to:
David J. Kurland, Esq.
850 Clearwater-Largo Road South
Largo, Florida 33770-4470
david@davidkurland.com
sheila@davidkurland.com
Attorney for Defendant
/s/ Ludmila Khomiak
Ludmila Khomiak, Esq.
Florida Bar No.: 91757
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Filing # 134846446 E-Filed 09/17/2021 07:00:29 PM IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA MASHA ÔMALUÕ LUND; HILLARY FISHER VINSON a/k/a HILLARY HEPNER; LUCY PINDER; IRINA VORONINA; BROOKE MARRIN a/k/a BROOKE BANX and EMILY SEARS, Case No. 2021CA-000512XXCICI PLAINTIFFS, vs. GULF COAST HOLDINGS, L.L.C. d/b/a OZ THEE GENTLEMENS CLUB d/b/a OZ LADIESÕ & GENTLEMENÕS NIGHTCLUB, DEFENDANT. ___________________________________________/ PLAINTIFF BROOKE MARRIN a/k/a BROOKE BANXÕS RESPONSE TO DEFENDANTÕS REQUEST FOR PRODUCTION Plaintiff, BROOKE MARRIN a/k/a BROOKE BANX, by and through the undersigned counsel, hereby serves her responses to DefendantÕs Request for Production (the ÒRequestsÓ) and states as follows: 1. Any and all contracts related to your image attached to the Complaint for Damages forming the basis of your claim. Response: Plaintiff is not in possession, custody or control of the requested documents. 2. Any and all contracts into which you entered for your image, likeness, Òbrand,Ó etc., from December 5, 2015 to current. Response: Plaintiff is not in possession, custody or control of the requested documents. 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 this Request as it is irrelevant and not reasonably calculated to ***ELECTRONICALLY FILED 09/17/2021 07:00:29 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** lead to the discovery of admissible evidence, overly broad, unduly burdensome, oppressive and harassing. 4. Any and all documents reflecting income derived from the use of your image, likeness, brand, etc., other than the request made in #3 above, for the years 2015 through current, including but not limited to, W-2Õs, 1099Õs, K-1Õs, royalties, contracts, etc. Response: Plaintiff is not in possession, custody or control of the requested documents. 5. Any and all images, photographs, videos, etc., of you 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 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. 6. Any and all music video in which you have appeared. 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. 7. Any and all posts made by you on any social media website which depict your image, likeness and/or ÒbrandÓ 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 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. 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: Plaintiff objects to this Request to the extent it is over broad, intended to harass, irrelevant, burdensome, and immaterial to the subject of this matter and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. 9. Any and all of your images, photographs, videos, etc., utilized by each and every Òadult entertainmentÓ and ÒstripteaseÓ outlet you promoted as alleged in Paragraph 29 of your Complaint for Damages. Response: None. 10. Any and all documents, e-mails, computer data, texts, or information from any source evidencing the discovery of DefendantÕs alleged use of the subject image. Response: Plaintiff is not in possession, custody or control of the requested documents. 11. Copies of any statements of any employee or agent of Defendant. Response: Plaintiff is not in possession, custody or control of the requested documents. The requested documents are in defendantÕs possession, custody or control. 12. 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. 13. 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 PlaintiffÕs image to commercial ventures prior to the date set forth in the CourtÕs scheduling order or the applicable rules. 14. Any and all documents evidencing any damages you allege to have suffered resulting from DefendantÕs alleged use of your image. Response: See Response to Request for Production No. 13 above. 15. Any and all evidence you intend to use at the trial in this cause. Response: Plaintiff objects to this Request on the ground that it is premature as the discovery process has just began and other than the exhibit appended to the operative Complaint, Plaintiff has not yet determined or identified any additional trial exhibits. 16. Any and all written reports from any expert witness or consultant retained by you regarding this matter. Response: See Response to Request for Production No. 12 above. Date: September 17, 2021. Respectfully submitted, THE CASAS LAW FIRM, P.C By: /s/ Ludmila Khomiak Ludmila Khomiak, Esq. Florida Bar No.: 91757 mila@talentrights.law Brickell Bayview Center 80 S. W. Sth Street, Suite 2000 Miami, FL 33130 Attorney for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this 17th day of September, 2021 to: David J. Kurland, Esq. 850 Clearwater-Largo Road South Largo, Florida 33770-4470 david@davidkurland.com sheila@davidkurland.com Attorney for Defendant /s/ Ludmila Khomiak Ludmila Khomiak, Esq. Florida Bar No.: 91757