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Filing # 132917758 E-Filed 08/18/2021 11:57:41 AM
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. :
:
NOTICE OF SERVICE OF INTERROGATORIES TO PLAINTIFF, BROOKE BANX
In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, Plaintiff,
BROOKE MARRIN a/k/a BROOKE BANX, is hereby required to answer the attached
Interrogatories within thirty (30) days after the service thereof, in writing and under oath, and to
serve the original pursuant to the Rules.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of
Interrogatories to Plaintiff, Brooke Banx has been furnished by E-mail to LUDMILA KHOMIAK,
ESQUIRE, Attorney for Plaintiffs, at mila@talentrights.law this 18th day of August 2021.
LAW OFFICE OF DAVID J. KURLAND
By: /s/ David J. Kurland
DAVID J. KURLAND, ESQUIRE
850 Clearwater-Largo Road S
Largo, Florida 33770-4470
Telephone: (727) 461-3555
FAX: (727) 586-2731
Primary e-mail: david@davidkurland.com
Secondary e-mail: sheila@davidkurland.com
SPN: 00000144 FBN: 128042
Attorney for Defendant
***ELECTRONICALLY FILED 08/18/2021 11:57:40 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
INTERROGATORIES TO PLAINTIFF, BROOKE BANX
1. What is the name and address of the person answering these interrogatories and, if
applicable, the person’s official position or relationship with the party to whom the
interrogatories are directed?
2. List all former names and when you were known by those names. State all addresses where
you have lived for the past 10 years, the dates you lived at each address, your Social Security
Number, your date of birth, and, if you are or have ever been married, the name of your
spouse or spouses.
3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under
the law under which you were convicted was punishable by death or imprisonment in excess
of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If
so, state as to each conviction the specific crime and the date and place of conviction.
4. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than
the present matter, and, if so, state the complete style of the case including the court in which
it was filed; the date on which the case was filed; the subject matter of the lawsuit; and the
outcome of each lawsuit.
5. Please identify any and all social media websites which Plaintiff has used and/or maintained
an account in the last five (5) years. “Social media websites” includes but is not limited to
Facebook, Twitter, Instagram, SnapChat, LinkedIn, XboxLive, Foursquare, Gowalla,
MySpace, and Windows Live Spaces.
6. List the names and addresses of all persons who are believed or known by you, your agents,
or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and
specify the subject matter about which the witness has knowledge.
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7. List each item of expense or damage that you claim to have incurred as a result of the
incident described in the complaint.
8. Describe in detail your “reputation,” “brand,” “marketability” and/or “good will” you have
built and each and every step you take to be “vigilant and proactive” in protecting your
“reputation,” “brand,” “marketability” and/or “good will.”
9. List each and every “adult entertainment” and/or “striptease outlets” for which you have
promoted your image and/or likeness as alleged in Paragraph 29 of your Complaint for
Damages; specifically:
a. The name and address of each adult entertainment and/or striptease outlet;
b. The date(s) in which you promoted your image and/or likeness;
c. The name and address of each and every person and/or entity representing your
interests;
d. Whether a written contract was involved; and
e. Your compensation for said promotion.
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10. List all sources of your income from December 5, 2015 through current.
11. Regarding the image forming the basis for this lawsuit, please state the name, current and/or
last known address and telephone number of the photographer/photography studio
who/which took the photograph; the date the photograph was taken; the cost of taking the
photograph; whether you entered into a contract regarding the photograph; whether you
relinquished any ownership claims you may have had to the photograph; and the name,
address and telephone number of any and all persons and/or entities who/which may have
been acting on your behalf at the time the photograph was taken and/or contract was
executed.
12. List each and every publication, either printed or internet-based, for which you have posed,
specifying whether you appeared nude, partially nude and/or in a sexually suggestive manner
in each publication; every date the image appeared in the publication, the compensation you
received for each instance; and the agent/representative acting on your behalf for each and
every publication.
13. Describe in detail how you “control the use and dissemination of your image” and your
“vetting process” as alleged in Paragraph 35 of your Complaint for Damages.
14. List the name, address and telephone number of each and every representative, agent, and/or
any other third-party who/which has/have represented you in the past ten (10) years.
15. Describe in detail how Defendant’s alleged use of your image, likeness and/or identity
“impugned” your character, “embarrassed” you and/or suggested “falsely your support for
and participation in the adult entertainment and striptease lifestyle.”
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16. List all information and/or evidence you have that Defendant’s alleged “improper use of your
image, likeness and/or identity described herein permitted, encouraged, or facilitated other
persons, firms, and entities to further utilize and misappropriate Banx’s images, likeness and
identity in their market activities and business and further damaged you” as alleged in
Paragraph 99 of your Complaint for Damages.
17. Describe in detail how you discovered that Defendant had allegedly used your image,
likeness and/or identity, specifying the date you made the discovery; any and all persons
and/or entities involved in the discovery; any and all actions taken by you or on your behalf
upon learning of the discovery; and any and all actions taken by you or on your behalf to
mitigate your alleged damages.
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.
19. What information and/or evidence do you have that Defendant’s business involved “nude”
dancing as alleged in Paragraph 24 of your Complaint for Damages.
20. Do you intend to call any expert witnesses at the trial of this case? If so, please identify each
witness; describe his qualifications as an expert; state the subject matter upon which he is
expected to testify; state the substance of the facts and opinion to which he is expected to
testify, and give a summary of the grounds for each opinion.
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I SWEAR OR AFFIRM THAT I HAVE READ THE FOREGOING ANSWERS AND THAT
THEY ARE TRUE AND CORRECT.
By:
BROOKE MARRIN a/k/a BROOKE BANX
STATE OF }
}
COUNTY OF }
BEFORE ME, the undersigned authority, personally appeared BROOKE MARRIN a/k/a
BROOKE BANX who, being first duly sworn, deposes and says that the foregoing Answers to
Interrogatories propounded by her are true and correct.
SWORN TO AND SUBSCRIBED before me this day of 2021.
NOTARY PUBLIC
Printed Name:
My Commission Expires:
5
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Filing # 132917758 E-Filed 08/18/2021 11:57:41 AM 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. : : NOTICE OF SERVICE OF INTERROGATORIES TO PLAINTIFF, BROOKE BANX In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, Plaintiff, BROOKE MARRIN a/k/a BROOKE BANX, is hereby required to answer the attached Interrogatories within thirty (30) days after the service thereof, in writing and under oath, and to serve the original pursuant to the Rules. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Interrogatories to Plaintiff, Brooke Banx has been furnished by E-mail to LUDMILA KHOMIAK, ESQUIRE, Attorney for Plaintiffs, at mila@talentrights.law this 18th day of August 2021. LAW OFFICE OF DAVID J. KURLAND By: /s/ David J. Kurland DAVID J. KURLAND, ESQUIRE 850 Clearwater-Largo Road S Largo, Florida 33770-4470 Telephone: (727) 461-3555 FAX: (727) 586-2731 Primary e-mail: david@davidkurland.com Secondary e-mail: sheila@davidkurland.com SPN: 00000144 FBN: 128042 Attorney for Defendant ***ELECTRONICALLY FILED 08/18/2021 11:57:40 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** INTERROGATORIES TO PLAINTIFF, BROOKE BANX 1. What is the name and address of the person answering these interrogatories and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security Number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. 3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 4. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state the complete style of the case including the court in which it was filed; the date on which the case was filed; the subject matter of the lawsuit; and the outcome of each lawsuit. 5. Please identify any and all social media websites which Plaintiff has used and/or maintained an account in the last five (5) years. “Social media websites” includes but is not limited to Facebook, Twitter, Instagram, SnapChat, LinkedIn, XboxLive, Foursquare, Gowalla, MySpace, and Windows Live Spaces. 6. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 1 7. List each item of expense or damage that you claim to have incurred as a result of the incident described in the complaint. 8. Describe in detail your “reputation,” “brand,” “marketability” and/or “good will” you have built and each and every step you take to be “vigilant and proactive” in protecting your “reputation,” “brand,” “marketability” and/or “good will.” 9. List each and every “adult entertainment” and/or “striptease outlets” for which you have promoted your image and/or likeness as alleged in Paragraph 29 of your Complaint for Damages; specifically: a. The name and address of each adult entertainment and/or striptease outlet; b. The date(s) in which you promoted your image and/or likeness; c. The name and address of each and every person and/or entity representing your interests; d. Whether a written contract was involved; and e. Your compensation for said promotion. 2 10. List all sources of your income from December 5, 2015 through current. 11. Regarding the image forming the basis for this lawsuit, please state the name, current and/or last known address and telephone number of the photographer/photography studio who/which took the photograph; the date the photograph was taken; the cost of taking the photograph; whether you entered into a contract regarding the photograph; whether you relinquished any ownership claims you may have had to the photograph; and the name, address and telephone number of any and all persons and/or entities who/which may have been acting on your behalf at the time the photograph was taken and/or contract was executed. 12. List each and every publication, either printed or internet-based, for which you have posed, specifying whether you appeared nude, partially nude and/or in a sexually suggestive manner in each publication; every date the image appeared in the publication, the compensation you received for each instance; and the agent/representative acting on your behalf for each and every publication. 13. Describe in detail how you “control the use and dissemination of your image” and your “vetting process” as alleged in Paragraph 35 of your Complaint for Damages. 14. List the name, address and telephone number of each and every representative, agent, and/or any other third-party who/which has/have represented you in the past ten (10) years. 15. Describe in detail how Defendant’s alleged use of your image, likeness and/or identity “impugned” your character, “embarrassed” you and/or suggested “falsely your support for and participation in the adult entertainment and striptease lifestyle.” 3 16. List all information and/or evidence you have that Defendant’s alleged “improper use of your image, likeness and/or identity described herein permitted, encouraged, or facilitated other persons, firms, and entities to further utilize and misappropriate Banx’s images, likeness and identity in their market activities and business and further damaged you” as alleged in Paragraph 99 of your Complaint for Damages. 17. Describe in detail how you discovered that Defendant had allegedly used your image, likeness and/or identity, specifying the date you made the discovery; any and all persons and/or entities involved in the discovery; any and all actions taken by you or on your behalf upon learning of the discovery; and any and all actions taken by you or on your behalf to mitigate your alleged damages. 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. 19. What information and/or evidence do you have that Defendant’s business involved “nude” dancing as alleged in Paragraph 24 of your Complaint for Damages. 20. Do you intend to call any expert witnesses at the trial of this case? If so, please identify each witness; describe his qualifications as an expert; state the subject matter upon which he is expected to testify; state the substance of the facts and opinion to which he is expected to testify, and give a summary of the grounds for each opinion. 4 I SWEAR OR AFFIRM THAT I HAVE READ THE FOREGOING ANSWERS AND THAT THEY ARE TRUE AND CORRECT. By: BROOKE MARRIN a/k/a BROOKE BANX STATE OF } } COUNTY OF } BEFORE ME, the undersigned authority, personally appeared BROOKE MARRIN a/k/a BROOKE BANX who, being first duly sworn, deposes and says that the foregoing Answers to Interrogatories propounded by her are true and correct. SWORN TO AND SUBSCRIBED before me this day of 2021. NOTARY PUBLIC Printed Name: My Commission Expires: 5