Preview
Filing # 100086484 E-Filed 12/10/2019 02:42:54 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
HARRY BIEBERSTEIN,
Plaintiff,
vs. CASE NO.: 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC, a
Florida limited liability company and
MOONSTONE HOLDINDINGS, LLC, a
Nevada limited liability company,
Defendants.
/
OBJECTIONS AND
RESPONSE TO REQUEST FOR PRODUCTION
Defendant, Gabriel Kirchberger, responds to Plaintiff’s Request for Production of
Documents bearing service date of July 25, 2019, as follows:
Objection:
GENERAL OBJECTION TO REQUEST FOR PRODUCTION OF DOCUMENTS
1 Gabriel Kirchberger generally objects to any Request for Production of
Documents which requires it to compile information from sources not readily available. Gabriel
Kirchberger will respond to any document based solely on the information available to it at the
present time. In preparing its responses, Gabriel Kirchberger has not consulted and has no
obligation to consult, its former employees, agents or third parties over whom it have no control.
Because discovery is ongoing, Gabriel Kirchberger expressly reserves its rights and intends to
continue to investigate and identify and discover all documents during the pendency of this case;
at trial, Gabriel Kirchberger intends to use such documents, as well as documents within the
possession, custody or control of persons or entities not presently employed by or associated with
Gabriel Kirchberger.
2. Gabriel Kirchberger generally objects to any Request to Produce that requires it
to respond in any manner beyond or different from than it would otherwise be required by the
Florida Rules of Civil Procedure.
3 Gabriel Kirchberger generally objects to any Request that requires it to purport
or produce the “entire, 6, any,” or “all,” documents because it is unduly burdensome because
Gabriel Kirchberger cannot reasonably know or identify each such document.
4 Gabriel Kirchberger objects to each Request to the extent that the Request
requires Gabriel Kirchberger to produce documents or items protected from discovery under any
applicable privilege.
5 Inadvertent disclosure or production of any documents subject herewith to any
privilege shall not constitute a waiver of any privilege or any grounds for objecting to the discovery
with respect to such document or any other document and with respect to the subject matter thereof
of the information contained therein, and shall not constitute a waiver of the right of Gabriel
Kirchberger to object to the use of any such document or information contained therein in any
subsequent proceedings.
6 Gabriel Kirchberger will furnish the Plaintiff with a log of documents and items
withheld from production on the basis of privilege, if any such documents or items exist, upon the
Plaintiffs’ agreement to furnish simultaneously a comparable log of documents and items that the
Plaintiffs withheld or intends to withhold from production in response to any production request
propounded or hereafter propounded by any party to this action, at a designated place and time.
7 Gabriel Kirchberger objects to any Request which purports to require the
production of any items containing confidential business information or proprietary information
or trade secrets.
8 Production or identification of any document shall not constitute an admission by
Gabriel Kirchberger that the information contained in such document is accurate or that such
information is authentic or admissible, nor shall production or identification that any such
document waive the rights of Gabriel Kirchberger to object to the use of such document or
information contained therein in any subsequent proceeding.
Respons
Attached.
None in respondent’s possession.
Attached.
Attached.
Attached.
None in respondent’s possession.
None in respondent’s possession.
None in respondent’s possession.
None in respondent’s possession.
10. None in respondent’s possession.
11 None in respondent’s possession.
12 None in respondent’s possession.
13 None in respondent’s possession.
14. None in respondent’s possession.
1S None.
16. None.
17. None in respondent’s possession.
18 None in respondent’s possession.
19. None in respondent’s possession.
20. None in respondent’s possession.
21 None in respondent’s possession.
22 None in respondent’s possession.
23 None in respondent’s possession.
24. None in respondent’s possession.
25 None in respondent’s possession.
26. None.
27. None.
28 None.
29. None.
30. None.
31 None.
32 None.
33 None.
34. None.
35 None.
36. None.
37 None.
38 None.
39, None.
40. None.
41 None.
42 None.
43 None.
None.
45 None.
46. None.
47 None.
48 None.
49. None.
50. None.
Sl None.
52 None.
53 None.
54, None.
55 None.
56. None.
57. None.
58 None.
59. None.
60. None.
61 None.
62 None.
63 None.
None.
65 None.
66. None.
67. None.
68 None.
69. None.
70. None.
71 None.
72 None.
73 None.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail to: RYAN W. OWEN, ESQUIRE, Adams and Reese LLP, 1515 Ringling
Boulevard Suite 700, Sarasota, Florida 34236 (ryan.owen@arlaw.com)
(drew.chesanek@arlaw.com) (deborah.woodson@arlaw.com); DAVID K. OAKS, ESQUIRE,
David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950
(doaksesq@comeast.net); ROBERT E. SEGUR, ESQUIRE, 1460 S. McCall Road, Suite 2E,
Englewood, Florida 34223; BRIAN McNAMARA, ESQUIRE, McNamara Legal Services, P.A.,
3447 Pine Ridge Road, Suite 101, Naples, Florida 34109 (brian@menamaralegalservices.com);
SEBASTIAN NYE-SCHMITZ, ESQUIRE, The Nye-Schmitz Law Firm, P.A., 3447 Pine Ridge
Road, Suite 101, Naples, Florida 34109 (sns@swfltaxlaw.com); and a true and correct copy has
been furnished by Regular U.S. Mail to: ANDREAS KIRCHBERGER, 393 Commercial Court,
Suite A, Venice, Florida 34292 and Golden Key Properties, LLC, c/o The Nye-Schmitz Law Firm,
P.A., Registered Agent, 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109 on this 10" day
of December, 2019.
GLENN N. SIEGEL, P.A.
17825 Murdock Circle, Suite A
Port Charlotte, Florida 33948
(941) 255.1235
Fax: (941) 255.1223
Service E-Mail: kim@glennsiegellaw.com
By: 4s/ GLENN N. SIEGEL
Glenn N. Siegel, Esquire
Florida Bar No.: 436852
Attorney for Gabriel Kirchberger
Preview
Filing # 100086484 E-Filed 12/10/2019 02:42:54 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA HARRY BIEBERSTEIN, Plaintiff, vs. CASE NO.: 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company and MOONSTONE HOLDINDINGS, LLC, a Nevada limited liability company, Defendants. / OBJECTIONS AND RESPONSE TO REQUEST FOR PRODUCTION Defendant, Gabriel Kirchberger, responds to Plaintiff’s Request for Production of Documents bearing service date of July 25, 2019, as follows: Objection: GENERAL OBJECTION TO REQUEST FOR PRODUCTION OF DOCUMENTS 1 Gabriel Kirchberger generally objects to any Request for Production of Documents which requires it to compile information from sources not readily available. Gabriel Kirchberger will respond to any document based solely on the information available to it at the present time. In preparing its responses, Gabriel Kirchberger has not consulted and has no obligation to consult, its former employees, agents or third parties over whom it have no control. Because discovery is ongoing, Gabriel Kirchberger expressly reserves its rights and intends to continue to investigate and identify and discover all documents during the pendency of this case; at trial, Gabriel Kirchberger intends to use such documents, as well as documents within the possession, custody or control of persons or entities not presently employed by or associated with Gabriel Kirchberger. 2. Gabriel Kirchberger generally objects to any Request to Produce that requires it to respond in any manner beyond or different from than it would otherwise be required by the Florida Rules of Civil Procedure. 3 Gabriel Kirchberger generally objects to any Request that requires it to purport or produce the “entire, 6, any,” or “all,” documents because it is unduly burdensome because Gabriel Kirchberger cannot reasonably know or identify each such document. 4 Gabriel Kirchberger objects to each Request to the extent that the Request requires Gabriel Kirchberger to produce documents or items protected from discovery under any applicable privilege. 5 Inadvertent disclosure or production of any documents subject herewith to any privilege shall not constitute a waiver of any privilege or any grounds for objecting to the discovery with respect to such document or any other document and with respect to the subject matter thereof of the information contained therein, and shall not constitute a waiver of the right of Gabriel Kirchberger to object to the use of any such document or information contained therein in any subsequent proceedings. 6 Gabriel Kirchberger will furnish the Plaintiff with a log of documents and items withheld from production on the basis of privilege, if any such documents or items exist, upon the Plaintiffs’ agreement to furnish simultaneously a comparable log of documents and items that the Plaintiffs withheld or intends to withhold from production in response to any production request propounded or hereafter propounded by any party to this action, at a designated place and time. 7 Gabriel Kirchberger objects to any Request which purports to require the production of any items containing confidential business information or proprietary information or trade secrets. 8 Production or identification of any document shall not constitute an admission by Gabriel Kirchberger that the information contained in such document is accurate or that such information is authentic or admissible, nor shall production or identification that any such document waive the rights of Gabriel Kirchberger to object to the use of such document or information contained therein in any subsequent proceeding. Respons Attached. None in respondent’s possession. Attached. Attached. Attached. None in respondent’s possession. None in respondent’s possession. None in respondent’s possession. None in respondent’s possession. 10. None in respondent’s possession. 11 None in respondent’s possession. 12 None in respondent’s possession. 13 None in respondent’s possession. 14. None in respondent’s possession. 1S None. 16. None. 17. None in respondent’s possession. 18 None in respondent’s possession. 19. None in respondent’s possession. 20. None in respondent’s possession. 21 None in respondent’s possession. 22 None in respondent’s possession. 23 None in respondent’s possession. 24. None in respondent’s possession. 25 None in respondent’s possession. 26. None. 27. None. 28 None. 29. None. 30. None. 31 None. 32 None. 33 None. 34. None. 35 None. 36. None. 37 None. 38 None. 39, None. 40. None. 41 None. 42 None. 43 None. None. 45 None. 46. None. 47 None. 48 None. 49. None. 50. None. Sl None. 52 None. 53 None. 54, None. 55 None. 56. None. 57. None. 58 None. 59. None. 60. None. 61 None. 62 None. 63 None. None. 65 None. 66. None. 67. None. 68 None. 69. None. 70. None. 71 None. 72 None. 73 None. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail to: RYAN W. OWEN, ESQUIRE, Adams and Reese LLP, 1515 Ringling Boulevard Suite 700, Sarasota, Florida 34236 (ryan.owen@arlaw.com) (drew.chesanek@arlaw.com) (deborah.woodson@arlaw.com); DAVID K. OAKS, ESQUIRE, David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950 (doaksesq@comeast.net); ROBERT E. SEGUR, ESQUIRE, 1460 S. McCall Road, Suite 2E, Englewood, Florida 34223; BRIAN McNAMARA, ESQUIRE, McNamara Legal Services, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109 (brian@menamaralegalservices.com); SEBASTIAN NYE-SCHMITZ, ESQUIRE, The Nye-Schmitz Law Firm, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109 (sns@swfltaxlaw.com); and a true and correct copy has been furnished by Regular U.S. Mail to: ANDREAS KIRCHBERGER, 393 Commercial Court, Suite A, Venice, Florida 34292 and Golden Key Properties, LLC, c/o The Nye-Schmitz Law Firm, P.A., Registered Agent, 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109 on this 10" day of December, 2019. GLENN N. SIEGEL, P.A. 17825 Murdock Circle, Suite A Port Charlotte, Florida 33948 (941) 255.1235 Fax: (941) 255.1223 Service E-Mail: kim@glennsiegellaw.com By: 4s/ GLENN N. SIEGEL Glenn N. Siegel, Esquire Florida Bar No.: 436852 Attorney for Gabriel Kirchberger