On February 01, 2021 a
Party Discovery
was filed
involving a dispute between
Fisher Vinson, Hillary,
Lund, Masha Malu,
Marrin, Brooke,
Pinder, Lucy,
Sears, Emily,
Voronina, Irina,
and
Gulf Coast Holdings Llc,
for INTELLECTUAL PROPERTY
in the District Court of Pinellas County.
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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. :
:
REQUESTS FOR ADMISSIONS TO PLAINTIFF, EMILY SEARS
Defendant, GULF COAST HOLDINGS, LLC, propounds the following Request for
Admissions of fact to Plaintiff, EMILY SEARS, to be answered in writing and under oath within
thirty (30) days from service pursuant to Rule 1.270(a) of the Florida Rules of Civil Procedure:
In these Requests for Admissions, the “subject image” specifically refers to Exhibit “F”
attached to your Complaint for Damages.
1. Admit that the “subject image” does not suggest, imply, express, etc., that you
“attended or will attend each event and has participated in or intends to participate in the activities
advertised” as alleged in Paragraph 7 of your Complaint.
2. Admit that the “subject image” does not identify you by name.
3. Admit that when the “subject image” was originally taken, you relinquished all rights
and/or claims you had or may have had to that image to a third-party, either orally and/or in writing.
***ELECTRONICALLY FILED 08/18/2021 11:57:40 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
4. Admit that you have no knowledge and/or evidence that Defendant did not negotiate
for the use of the “subject image” with the third-party to which you relinquished your rights and/or
claims.
5. Admit that the “subject image” does not contain any means of gaining permission,
entering into negotiations, contracting with you and/or contacting you or any third-party in any way
regarding the use of the “subject image.”
6. Admit that the “subject image” is not copyrighted, trademarked and/or identified in
any way as being protected and prohibited from being copied, displayed and/or published on the
entirety of the Internet.
7. Admit that some of the magazines in which you have appeared are directed toward
and/or contain sexually suggestive and/or explicit material.
8. Admit that some advertisements in which you appear depict you in a sexually
suggestive and/or explicit manner.
9. Admit that your image, brand and/or marketability suggests that you “support and/or
“participate in the adult entertainment and/or striptease lifestyle.”
10. Admit that you never observed the “subject image” on Defendant’s social media, as
alleged, until informed by your attorney, law firm and/or its agents and/or third-parties acting on its
behalf.
11. Admit that you had no knowledge of the alleged use of the “subject image” on
Defendant’s social media until informed by your attorney, law firm and/or its agents and/or third-
parties acting on its behalf.
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12. But for the filing of this lawsuit, admit that upon learning of Defendant’s alleged use
of the “subject image,” you, nor any third-party acting on your behalf, took any action to inform
and/or prohibit Defendant from using the “subject image.”
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Request for Admissions
to Plaintiff, Emily Sears 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: 0128042
Attorney for Defendant
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Document Filed Date
August 18, 2021
Case Filing Date
February 01, 2021
Category
INTELLECTUAL PROPERTY
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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. : : REQUESTS FOR ADMISSIONS TO PLAINTIFF, EMILY SEARS Defendant, GULF COAST HOLDINGS, LLC, propounds the following Request for Admissions of fact to Plaintiff, EMILY SEARS, to be answered in writing and under oath within thirty (30) days from service pursuant to Rule 1.270(a) of the Florida Rules of Civil Procedure: In these Requests for Admissions, the “subject image” specifically refers to Exhibit “F” attached to your Complaint for Damages. 1. Admit that the “subject image” does not suggest, imply, express, etc., that you “attended or will attend each event and has participated in or intends to participate in the activities advertised” as alleged in Paragraph 7 of your Complaint. 2. Admit that the “subject image” does not identify you by name. 3. Admit that when the “subject image” was originally taken, you relinquished all rights and/or claims you had or may have had to that image to a third-party, either orally and/or in writing. ***ELECTRONICALLY FILED 08/18/2021 11:57:40 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 4. Admit that you have no knowledge and/or evidence that Defendant did not negotiate for the use of the “subject image” with the third-party to which you relinquished your rights and/or claims. 5. Admit that the “subject image” does not contain any means of gaining permission, entering into negotiations, contracting with you and/or contacting you or any third-party in any way regarding the use of the “subject image.” 6. Admit that the “subject image” is not copyrighted, trademarked and/or identified in any way as being protected and prohibited from being copied, displayed and/or published on the entirety of the Internet. 7. Admit that some of the magazines in which you have appeared are directed toward and/or contain sexually suggestive and/or explicit material. 8. Admit that some advertisements in which you appear depict you in a sexually suggestive and/or explicit manner. 9. Admit that your image, brand and/or marketability suggests that you “support and/or “participate in the adult entertainment and/or striptease lifestyle.” 10. Admit that you never observed the “subject image” on Defendant’s social media, as alleged, until informed by your attorney, law firm and/or its agents and/or third-parties acting on its behalf. 11. Admit that you had no knowledge of the alleged use of the “subject image” on Defendant’s social media until informed by your attorney, law firm and/or its agents and/or third- parties acting on its behalf. 2 12. But for the filing of this lawsuit, admit that upon learning of Defendant’s alleged use of the “subject image,” you, nor any third-party acting on your behalf, took any action to inform and/or prohibit Defendant from using the “subject image.” CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Request for Admissions to Plaintiff, Emily Sears 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: 0128042 Attorney for Defendant 3