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Filing # 110069567 E-Filed 07/10/2020 01:10:05 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
HARRY BIEBERSTEIN,
Plaintiff,
Vv CASE NO.: 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC, a
Florida limited liability company and
MOONSTONE HOLDINGS, LLC, a
Nevada limited liability company,
Defendants,
niin ts te ce .
DEFENDANT GOLDEN KEY PROPERTIES, LLC’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF
Defendant, Golden Key Properties, LLC, pursuant to Rule 1.350, Fla. R. Civ. P.,
requests Plaintiff, Harry Bieberstein, to produce the following documents and/or tangible items
described herein within 30 days of the service of this Request for the purpose of inspection
and/or copying and/or photographing, the following items. This Request and the related
production of documents and/or tangible items are subject to the below definitions and
instructions.
DEFINITIONS
1 “Plaintiff” refers to Plaintiff, Harry Bieberstein, and any employees, contractors,
agents, and attorneys for Plaintiff, Harry Bieberstein, and any other persons acting for or on
behalf of Plaintiff or under Plaintiffs authority or control.
CASE NO. 17-CA-917
2 “Gabriel” refers to Defendant, Gabriel Kirchberger, and any employees,
contractors, agents and attorneys for Gabriel, and any other persons acting for or on behalf of
Gabriel or under Gabriel’s authority or control.
3 “Andreas” refers to Defendant, Andreas Kirchberger, and any employees,
contractors, agents and attorneys for Andreas, or any other persons acting for or on behalf of
Andreas or under Andreas’ authority or control.
4 “Golden” refers to Defendant, Golden Key Properties, LLC and any employees,
contractors, agents and attorneys for Golden, or any other persons acting for or on behalf of
Golden or under Golden’s authority or control.
5 “Parties” refers to any party in this case and any employees, contractors, agents
and attorneys for any Parties, and any other persons acting for or on behalf of any Parties or
under any Parties’ authority or control.
6 “Canadian Case” refers to the lawsuit filed in Ontario, Canada by Plaintiff against
Gabriel as described in Paragraph 29 of Plaintiff's Third Amended Complaint.
7. “Plaintiff's Former Attorneys” refers to any licensed lawyers who formerly
represented Plaintiff, Harry Bieberstein, in this case or in the Canadian Case, or in any matters
relating to (as defined herein) this case or relating to the Canadian Case, and any employees,
insurers, insurance carriers, insurance agents, contractors, agents and attorneys for Plaintiff's
Former Attorneys, and any other persons acting for or on behalf of Plaintiff's Former Attorneys
or under Plaintiff's Former Attorneys’ authority or control.
8 “Malpractice” refers to any actual or alleged negligence or failure of Plaintiff's
Former Attomeys to exercise due care in handling any of Plaintiff Harry Bieberstein’s actual or
possible claims against Gabriel, Golden and Andreas, or any of them, and any actual or alleged
failure of Plaintiffs Former Attorneys to practice law in connection with the Florida Rules of
CASE NO. 17-CA-917
Professional Conduct. “Malpractice” includes, without limitation, any actual or alleged mistakes
concerning any statutes of limitation relating to (as defined herein) any of Plaintiff Harry
Bieberstein’s actual, possible or alleged claims against Golden and Andreas, or against either of
them.
9 “Berlin Hypo Bank” refers to Berlin-Hannoversche Hypothekenbank and any
employees, contractors, agents or attorneys for Berlin Hypo Bank, or any other persons acting
for or on behalf of Berlin Hypo Bank or under Berlin Hypo Bank’s authority or control. (Berlin
Hypo Bank is the bank named in Exhibits 6-A, 6-D, 6-E and 6-G of Plaintiff's Third Amended
Complaint filed in this case.)
10. “Berliner Bank” refers to Berliner Bank Aktiengesellschaft and any employees,
contractors, agents or attorneys for Berliner Bank, or any other persons acting for or on behalf of
Berliner Bank or under Berliner Bank’s authority or control. (Berliner Bank is the bank named in
Exhibits 6-B, 6-D and 6-F of Plaintiffs Third Amended Complaint filed in this case.)
il. “Debt Acknowledgements” refers to the seven “Debt Acknowledgements”
described in Paragraph 27 of Plaintiff's Third Amended Complaint.
12. Relating to” means bearing upon, concerning, addressing, respecting, regarding,
discussing, mentioning, describing, reflecting, responding to, identifying, constituting, pertaining
to, having to do with, criticizing, contradicting, evaluating, analyzing, or being in any way
relevant to the given subject.
13. “Evidencing” means having a tendency to show, prove or disprove. (emphasis
added)
14. “Document or Documents” refer to and will include, without limitation, all
memoranda (including written memoranda of telephone conversations, other oral
communications, discussions, agreements, acts and activities), letters, post cards, telegrams, intra
CASE NO. 17-CA-917
and interoffice communications, correspondence, handwritten or typewritten notes, pamphlets,
diaries, records of every kind, e-mails, attachments to e-mails, sound recordings, transcripts of
sound recordings, contracts, agreements, books, letters, reports, catalogs, price lists, financial
statements, books of account, journals, ledgers, purchase order, invoices, indices, data processing
cards, other data processing materials, data sheets, tapes, photographs, photostats, microfilm,
video tapes, maps, directives, bulletins, circulars, notices, messages, reports, tabulations, notes,
economic or statistical studies, surveys, polls, minutes, instructions, requests, cancelled checks,
calendars, computer records, reports and printouts, desk pads, appointment books, scrapbooks,
notebooks, specifications, drawings, diagrams, sketches, and writings of every kind and
character, including preliminary drafts and other copies of the foregoing, however produced or
reproduced, whether manually, digitally, electronically or otherwise.
15. The terms “and” and “or” have both conjunctive and disjunctive meanings.
16. The terms “any” and “all” mean “each” and “every.”
INSTRUCTIONS
17. If Plaintiff considers any document or information within the scope of this
discovery request to be privileged or protected from discovery, Golden requests that within thirty
(30) days from this date Plaintiff files and serve a written list of documents withheld from
production identifying each document as follows: date; author’s name, title and address; the
name and address of each person to whom a copy of the document was sent or shown; the
general character of the document; and the basis upon which the document is considered to be
privileged or protected from discovery.
18. If it is maintained that any document which is requested has been destroyed, set
forth the contents of the document, the date of such destruction and the name of the person who
authorized or directed such destruction.
CASE NO. 17-CA-917
19. Any of the documents that cannot be produced in full should be produced to the
extent possible, specifying the reasons for the inability to produce the remainder.
TIME AND PLACE OF PRODUCTION
20. You are requested to produce the documents at the offices of Baur & Klein, P.A.,
1001 Brickell Bay Drive, Suite 1200, Miami, Florida 33131 within the time required by the
Florida Rules of Civil Procedure, or at some other time and place as the parties may agree to.
DOCUMENTS REQUESTED
All Examinations for Discovery (depositions) of Gabriel taken in the Canadian
Case.
All Examinations for Discovery (depositions) of Plaintiff taken in the Canadian
Case.
All sworn statements and affidavits of Gabriel in the Canadian Case.
All sworn statements and affidavits of Plaintiff taken in the Canadian Case.
All documents in the Canadian Case relating to any Florida real estate owned or
controlled by Gabriel.
All documents in the Canadian Case relating to any Florida real estate owned or
controlled by Golden.
All documents evidencing that Gabriel executed any Debt Assignment in his
individual capacity.
All documents evidencing that Gabriel personally guaranteed any Debt
Acknowledgement.
All documents evidencing that Gabriel executed any Debt Acknowledgement in
any company, corporate or partnership capacity.
10. All assignments to Plaintiff of any Debt Acknowledgements.
CASE NO. 17-CA-917
11 All assignments to Berlin Hypo Bank of any Debt Acknowledgements.
12 All documents relating to the assignment of any Debt Acknowledgement from
Berliner Bank to Berlin Hypo Bank.
13 All documents relating to the assignment of any Debt Acknowledgement to
Plaintiff.
14 All documents evidencing the loan history of any Debt Acknowledgements.
15. All letters, faxes, emails and other correspondence between Plaintiff and Berlin
Hypo Bank relating to the assignment of “the civil debt owed by Gabriel to
Berlin Hypo Bank and all choses in action with respect to the actionable wrongs
committed by Gabriel against Berlin Hypo Bank” as alleged in Paragraph 28 of
the Third Amended Complaint.
16. All letters, faxes, emails and other correspondence between Plaintiff and Berlin
Hypo Bank relating to any actual or contemplated agreements between Plaintiff
and Berlin Hypo Bank relating to any of the Debt Acknowledgements.
17. All letters, faxes, emails and other correspondence between Plaintiff and anyone
else relating to any actual or contemplated agreements involving Plaintiff and any
of the Debt Acknowledgements.
18 All contracts and agreements between Plaintiff and Berlin Hypo Bank relating to
“the civil debt owed by Gabriel to Berlin Hypo Bank and all choses in action with
respect to the actionable wrongs committed by Gabriel against Berlin Hypo
Bank” as alleged in Paragraph 28 of the Third Amended Complaint.
19. All contracts and agreements between Plaintiff and anyone relating to the debt
owed by Gabriel under the Debt Acknowledgements.
CASE NO. 17-CA-917
20. All letters, faxes, emails and other correspondence from Plaintiff to any of
Plaintiff's Former Attorneys relating to any Malpractice committed by any of
Plaintiff's Former Attorneys.
21 All letters, faxes, emails and other correspondence from any of Plaintiffs Former
Attorneys to Plaintiff relating to any Malpractice committed by any of Plaintiff's
Former Attorneys.
22. All letters, faxes, emails and other correspondence from Plaintiff to any attomey
or agent representing Plaintiff's Former Attorneys relating to any Malpractice
committed by any of Plaintiff’s Former Attorneys.
23. All letters, faxes, emails and other correspondence from any attorney or agent
representing Plaintiffs Former Attorneys to Plaintiff relating to any Malpractice
committed by any of Plaintiff's Former Attorneys.
24. All documents provided by Plaintiff to Plaintiff's Former Attorneys respecting
any damages claimed by Plaintiff against Plaintiff's Former Attorneys.
25. All documents provided by Plaintiff to any agents or attorneys of Plaintiff's
Former Attorneys respecting any damages claimed by Plaintiff against Plaintiff's
Former Attorneys.
26. All emails, letters, faxes and other correspondence to Plaintiff from anyone
besides his then current lawyer relating to any Malpractice by Plaintiff's Former
Attorneys.
27 All emails, letters, faxes and other correspondence from Plaintiff to anyone
besides his then current lawyer relating to any Malpractice by Plaintiff's Former
Attorneys.
CASE NO. 17-CA-917
28 All documents evidencing that “Gabriel, individually, did business under the
name Golden Key Real Estate Trust” as alleged in Paragraph 21 of the Third
Amended Complaint.
29. All documents evidencing that “on or about March 31, 2013, Gabriel transferred
the assets and his ownership of those assets to Golden Key and Andreas” as
alleged in Paragraph 22 of the Third Amended Complaint.
30. All documents evidencing that in “February 2013, Gabriel and Andreas entered
into an agreement pursuant to which Andreas holds Gabriel’s ownership interest
in Golden Key in trust” as alleged in Paragraph 23 of the Third Amended
Complaint.
31 All documents evidencing that “‘Gabriel’s ownership interest of Golden Key has
been disguised in annual reports filed with Florida’s Secretary of State listing
others as members in order to disguise its true ownership” as alleged in Paragraph
24 of the Third Amended Complaint.
32 All documents evidencing that Plaintiff was prevented “from discovering the
transfer from Gabriel to Andreas and Golden Key” as alleged in Paragraph 24 of
the Third Amended Complaint.
33 All documents evidencing when Plaintiff first discovered any “transfer from
Gabriel to Andreas and Golden Key” as alleged in Paragraph 24 of the Third
Amended Complaint.
34. All documents evidencing when Plaintiff first discovered that Gabriel directly or
indirectly owned or controlled any real estate in Florida.
35 All documents evidencing when Plaintiff first discovered that “While the
Plaintiff's action in Ontario, Canada was pending, Gabriel began transferring
CASE NO. 17-CA-917
Florida assets to DeVille, Southern, and Moonstone” as alleged in Paragraph 30
of the Third Amended Complaint.
36. All documents evidencing the “original amount of the debt owed by Gabriel to
Berlin Hypo Bank” as alleged in Paragraph 37 of the Third Amended Complaint.
37. All documents evidencing that “Under German law, Berlin Hypo Bank and
Plaintiff, as holder of the Notarized Debt Acknowledgement of Kirchberger, is
permitted to seize all of Kirchberger’s real and personal property on demand
without further recourse” as alleged in Paragraph 38 of the Third Amended
Complaint.
38. All documents evidencing or itemizing the amount of principal, interest and costs
owed on each separate Debt Acknowledgement.
39. All documents evidencing any present rights of Berlin Hypo Bank to seize any of
Gabriel’s assets.
40. All documents evidencing any present rights of Berlin Hypo Bank to receive any
money from any sums collected by Plaintiff under any of the Debt
Acknowledgements.
Al All documents evidencing that “Prior to March 1, 2013, Gabriel owned 100% of
Golden, the funds, and the business opportunities that he contributed to Golden”
as alleged in Paragraph 88 of the Third Amended Complaint.
42. All documents evidencing that “On or about March 1, 2013, Gabriel transferred
80% of the membership interest in Golden to Andreas” as alleged in Paragraph 89
of the Third Amended Complaint.
CASE NO. 17-CA-917
43 All documents evidencing that “Plaintiff could not have reasonably discovered the
transfer more than one year prior to the filing of this action” as alleged in
Paragraph 90 of the Third Amended Complaint.
All documents evidencing that the “March 2013 transfer of 80% of the
membership interest in Golden from Gabriel to Andreas...was made with actual
intent to hinder, delay and defraud Plaintiff's efforts to collect the amounts owed
under the Debt Acknowledgements” as alleged in Paragraph 91 of the Third
Amended Complaint.
45, All documents evidencing that “there was no contemporaneous value received in
exchange for the transfer’ and “any value received was not reasonably
equivalent” as alleged in Paragraph 91 of the Third Amended Complaint.
46, All documents evidencing that Plaintiff “also owns real property in Collier
County, Florida” as alleged in Paragraph 4 of the Third Amended Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion for
Protective Order has been sent via Florida Courts E-Filing Portal to counsel of record this 10th
day of July, 2020.
BAUR & KLEIN, P.A.
Attorneys for Golden Key Properties, LLC
and Andreas Kirchberger
New World Tower, Suite 2100
100 North Biscayne Boulevard
Miami, Florida 33132
Phone: (305) 377-3561 / Fax: (305) 371-4380
By: (fh
CHRISTOPHER J. KLEIN
Fila. Bar. Ni 311855
a
10
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Filing # 110069567 E-Filed 07/10/2020 01:10:05 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA HARRY BIEBERSTEIN, Plaintiff, Vv CASE NO.: 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants, niin ts te ce . DEFENDANT GOLDEN KEY PROPERTIES, LLC’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, Golden Key Properties, LLC, pursuant to Rule 1.350, Fla. R. Civ. P., requests Plaintiff, Harry Bieberstein, to produce the following documents and/or tangible items described herein within 30 days of the service of this Request for the purpose of inspection and/or copying and/or photographing, the following items. This Request and the related production of documents and/or tangible items are subject to the below definitions and instructions. DEFINITIONS 1 “Plaintiff” refers to Plaintiff, Harry Bieberstein, and any employees, contractors, agents, and attorneys for Plaintiff, Harry Bieberstein, and any other persons acting for or on behalf of Plaintiff or under Plaintiffs authority or control. CASE NO. 17-CA-917 2 “Gabriel” refers to Defendant, Gabriel Kirchberger, and any employees, contractors, agents and attorneys for Gabriel, and any other persons acting for or on behalf of Gabriel or under Gabriel’s authority or control. 3 “Andreas” refers to Defendant, Andreas Kirchberger, and any employees, contractors, agents and attorneys for Andreas, or any other persons acting for or on behalf of Andreas or under Andreas’ authority or control. 4 “Golden” refers to Defendant, Golden Key Properties, LLC and any employees, contractors, agents and attorneys for Golden, or any other persons acting for or on behalf of Golden or under Golden’s authority or control. 5 “Parties” refers to any party in this case and any employees, contractors, agents and attorneys for any Parties, and any other persons acting for or on behalf of any Parties or under any Parties’ authority or control. 6 “Canadian Case” refers to the lawsuit filed in Ontario, Canada by Plaintiff against Gabriel as described in Paragraph 29 of Plaintiff's Third Amended Complaint. 7. “Plaintiff's Former Attorneys” refers to any licensed lawyers who formerly represented Plaintiff, Harry Bieberstein, in this case or in the Canadian Case, or in any matters relating to (as defined herein) this case or relating to the Canadian Case, and any employees, insurers, insurance carriers, insurance agents, contractors, agents and attorneys for Plaintiff's Former Attorneys, and any other persons acting for or on behalf of Plaintiff's Former Attorneys or under Plaintiff's Former Attorneys’ authority or control. 8 “Malpractice” refers to any actual or alleged negligence or failure of Plaintiff's Former Attomeys to exercise due care in handling any of Plaintiff Harry Bieberstein’s actual or possible claims against Gabriel, Golden and Andreas, or any of them, and any actual or alleged failure of Plaintiffs Former Attorneys to practice law in connection with the Florida Rules of CASE NO. 17-CA-917 Professional Conduct. “Malpractice” includes, without limitation, any actual or alleged mistakes concerning any statutes of limitation relating to (as defined herein) any of Plaintiff Harry Bieberstein’s actual, possible or alleged claims against Golden and Andreas, or against either of them. 9 “Berlin Hypo Bank” refers to Berlin-Hannoversche Hypothekenbank and any employees, contractors, agents or attorneys for Berlin Hypo Bank, or any other persons acting for or on behalf of Berlin Hypo Bank or under Berlin Hypo Bank’s authority or control. (Berlin Hypo Bank is the bank named in Exhibits 6-A, 6-D, 6-E and 6-G of Plaintiff's Third Amended Complaint filed in this case.) 10. “Berliner Bank” refers to Berliner Bank Aktiengesellschaft and any employees, contractors, agents or attorneys for Berliner Bank, or any other persons acting for or on behalf of Berliner Bank or under Berliner Bank’s authority or control. (Berliner Bank is the bank named in Exhibits 6-B, 6-D and 6-F of Plaintiffs Third Amended Complaint filed in this case.) il. “Debt Acknowledgements” refers to the seven “Debt Acknowledgements” described in Paragraph 27 of Plaintiff's Third Amended Complaint. 12. Relating to” means bearing upon, concerning, addressing, respecting, regarding, discussing, mentioning, describing, reflecting, responding to, identifying, constituting, pertaining to, having to do with, criticizing, contradicting, evaluating, analyzing, or being in any way relevant to the given subject. 13. “Evidencing” means having a tendency to show, prove or disprove. (emphasis added) 14. “Document or Documents” refer to and will include, without limitation, all memoranda (including written memoranda of telephone conversations, other oral communications, discussions, agreements, acts and activities), letters, post cards, telegrams, intra CASE NO. 17-CA-917 and interoffice communications, correspondence, handwritten or typewritten notes, pamphlets, diaries, records of every kind, e-mails, attachments to e-mails, sound recordings, transcripts of sound recordings, contracts, agreements, books, letters, reports, catalogs, price lists, financial statements, books of account, journals, ledgers, purchase order, invoices, indices, data processing cards, other data processing materials, data sheets, tapes, photographs, photostats, microfilm, video tapes, maps, directives, bulletins, circulars, notices, messages, reports, tabulations, notes, economic or statistical studies, surveys, polls, minutes, instructions, requests, cancelled checks, calendars, computer records, reports and printouts, desk pads, appointment books, scrapbooks, notebooks, specifications, drawings, diagrams, sketches, and writings of every kind and character, including preliminary drafts and other copies of the foregoing, however produced or reproduced, whether manually, digitally, electronically or otherwise. 15. The terms “and” and “or” have both conjunctive and disjunctive meanings. 16. The terms “any” and “all” mean “each” and “every.” INSTRUCTIONS 17. If Plaintiff considers any document or information within the scope of this discovery request to be privileged or protected from discovery, Golden requests that within thirty (30) days from this date Plaintiff files and serve a written list of documents withheld from production identifying each document as follows: date; author’s name, title and address; the name and address of each person to whom a copy of the document was sent or shown; the general character of the document; and the basis upon which the document is considered to be privileged or protected from discovery. 18. If it is maintained that any document which is requested has been destroyed, set forth the contents of the document, the date of such destruction and the name of the person who authorized or directed such destruction. CASE NO. 17-CA-917 19. Any of the documents that cannot be produced in full should be produced to the extent possible, specifying the reasons for the inability to produce the remainder. TIME AND PLACE OF PRODUCTION 20. You are requested to produce the documents at the offices of Baur & Klein, P.A., 1001 Brickell Bay Drive, Suite 1200, Miami, Florida 33131 within the time required by the Florida Rules of Civil Procedure, or at some other time and place as the parties may agree to. DOCUMENTS REQUESTED All Examinations for Discovery (depositions) of Gabriel taken in the Canadian Case. All Examinations for Discovery (depositions) of Plaintiff taken in the Canadian Case. All sworn statements and affidavits of Gabriel in the Canadian Case. All sworn statements and affidavits of Plaintiff taken in the Canadian Case. All documents in the Canadian Case relating to any Florida real estate owned or controlled by Gabriel. All documents in the Canadian Case relating to any Florida real estate owned or controlled by Golden. All documents evidencing that Gabriel executed any Debt Assignment in his individual capacity. All documents evidencing that Gabriel personally guaranteed any Debt Acknowledgement. All documents evidencing that Gabriel executed any Debt Acknowledgement in any company, corporate or partnership capacity. 10. All assignments to Plaintiff of any Debt Acknowledgements. CASE NO. 17-CA-917 11 All assignments to Berlin Hypo Bank of any Debt Acknowledgements. 12 All documents relating to the assignment of any Debt Acknowledgement from Berliner Bank to Berlin Hypo Bank. 13 All documents relating to the assignment of any Debt Acknowledgement to Plaintiff. 14 All documents evidencing the loan history of any Debt Acknowledgements. 15. All letters, faxes, emails and other correspondence between Plaintiff and Berlin Hypo Bank relating to the assignment of “the civil debt owed by Gabriel to Berlin Hypo Bank and all choses in action with respect to the actionable wrongs committed by Gabriel against Berlin Hypo Bank” as alleged in Paragraph 28 of the Third Amended Complaint. 16. All letters, faxes, emails and other correspondence between Plaintiff and Berlin Hypo Bank relating to any actual or contemplated agreements between Plaintiff and Berlin Hypo Bank relating to any of the Debt Acknowledgements. 17. All letters, faxes, emails and other correspondence between Plaintiff and anyone else relating to any actual or contemplated agreements involving Plaintiff and any of the Debt Acknowledgements. 18 All contracts and agreements between Plaintiff and Berlin Hypo Bank relating to “the civil debt owed by Gabriel to Berlin Hypo Bank and all choses in action with respect to the actionable wrongs committed by Gabriel against Berlin Hypo Bank” as alleged in Paragraph 28 of the Third Amended Complaint. 19. All contracts and agreements between Plaintiff and anyone relating to the debt owed by Gabriel under the Debt Acknowledgements. CASE NO. 17-CA-917 20. All letters, faxes, emails and other correspondence from Plaintiff to any of Plaintiff's Former Attorneys relating to any Malpractice committed by any of Plaintiff's Former Attorneys. 21 All letters, faxes, emails and other correspondence from any of Plaintiffs Former Attorneys to Plaintiff relating to any Malpractice committed by any of Plaintiff's Former Attorneys. 22. All letters, faxes, emails and other correspondence from Plaintiff to any attomey or agent representing Plaintiff's Former Attorneys relating to any Malpractice committed by any of Plaintiff’s Former Attorneys. 23. All letters, faxes, emails and other correspondence from any attorney or agent representing Plaintiffs Former Attorneys to Plaintiff relating to any Malpractice committed by any of Plaintiff's Former Attorneys. 24. All documents provided by Plaintiff to Plaintiff's Former Attorneys respecting any damages claimed by Plaintiff against Plaintiff's Former Attorneys. 25. All documents provided by Plaintiff to any agents or attorneys of Plaintiff's Former Attorneys respecting any damages claimed by Plaintiff against Plaintiff's Former Attorneys. 26. All emails, letters, faxes and other correspondence to Plaintiff from anyone besides his then current lawyer relating to any Malpractice by Plaintiff's Former Attorneys. 27 All emails, letters, faxes and other correspondence from Plaintiff to anyone besides his then current lawyer relating to any Malpractice by Plaintiff's Former Attorneys. CASE NO. 17-CA-917 28 All documents evidencing that “Gabriel, individually, did business under the name Golden Key Real Estate Trust” as alleged in Paragraph 21 of the Third Amended Complaint. 29. All documents evidencing that “on or about March 31, 2013, Gabriel transferred the assets and his ownership of those assets to Golden Key and Andreas” as alleged in Paragraph 22 of the Third Amended Complaint. 30. All documents evidencing that in “February 2013, Gabriel and Andreas entered into an agreement pursuant to which Andreas holds Gabriel’s ownership interest in Golden Key in trust” as alleged in Paragraph 23 of the Third Amended Complaint. 31 All documents evidencing that “‘Gabriel’s ownership interest of Golden Key has been disguised in annual reports filed with Florida’s Secretary of State listing others as members in order to disguise its true ownership” as alleged in Paragraph 24 of the Third Amended Complaint. 32 All documents evidencing that Plaintiff was prevented “from discovering the transfer from Gabriel to Andreas and Golden Key” as alleged in Paragraph 24 of the Third Amended Complaint. 33 All documents evidencing when Plaintiff first discovered any “transfer from Gabriel to Andreas and Golden Key” as alleged in Paragraph 24 of the Third Amended Complaint. 34. All documents evidencing when Plaintiff first discovered that Gabriel directly or indirectly owned or controlled any real estate in Florida. 35 All documents evidencing when Plaintiff first discovered that “While the Plaintiff's action in Ontario, Canada was pending, Gabriel began transferring CASE NO. 17-CA-917 Florida assets to DeVille, Southern, and Moonstone” as alleged in Paragraph 30 of the Third Amended Complaint. 36. All documents evidencing the “original amount of the debt owed by Gabriel to Berlin Hypo Bank” as alleged in Paragraph 37 of the Third Amended Complaint. 37. All documents evidencing that “Under German law, Berlin Hypo Bank and Plaintiff, as holder of the Notarized Debt Acknowledgement of Kirchberger, is permitted to seize all of Kirchberger’s real and personal property on demand without further recourse” as alleged in Paragraph 38 of the Third Amended Complaint. 38. All documents evidencing or itemizing the amount of principal, interest and costs owed on each separate Debt Acknowledgement. 39. All documents evidencing any present rights of Berlin Hypo Bank to seize any of Gabriel’s assets. 40. All documents evidencing any present rights of Berlin Hypo Bank to receive any money from any sums collected by Plaintiff under any of the Debt Acknowledgements. Al All documents evidencing that “Prior to March 1, 2013, Gabriel owned 100% of Golden, the funds, and the business opportunities that he contributed to Golden” as alleged in Paragraph 88 of the Third Amended Complaint. 42. All documents evidencing that “On or about March 1, 2013, Gabriel transferred 80% of the membership interest in Golden to Andreas” as alleged in Paragraph 89 of the Third Amended Complaint. CASE NO. 17-CA-917 43 All documents evidencing that “Plaintiff could not have reasonably discovered the transfer more than one year prior to the filing of this action” as alleged in Paragraph 90 of the Third Amended Complaint. All documents evidencing that the “March 2013 transfer of 80% of the membership interest in Golden from Gabriel to Andreas...was made with actual intent to hinder, delay and defraud Plaintiff's efforts to collect the amounts owed under the Debt Acknowledgements” as alleged in Paragraph 91 of the Third Amended Complaint. 45, All documents evidencing that “there was no contemporaneous value received in exchange for the transfer’ and “any value received was not reasonably equivalent” as alleged in Paragraph 91 of the Third Amended Complaint. 46, All documents evidencing that Plaintiff “also owns real property in Collier County, Florida” as alleged in Paragraph 4 of the Third Amended Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion for Protective Order has been sent via Florida Courts E-Filing Portal to counsel of record this 10th day of July, 2020. BAUR & KLEIN, P.A. Attorneys for Golden Key Properties, LLC and Andreas Kirchberger New World Tower, Suite 2100 100 North Biscayne Boulevard Miami, Florida 33132 Phone: (305) 377-3561 / Fax: (305) 371-4380 By: (fh CHRISTOPHER J. KLEIN Fila. Bar. Ni 311855 a 10