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Filing # 99137707 E-Filed 11/19/2019 04:44:29 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
Vv. CASE NO. _17-CA-917
GABRIEL KIRCHBERGER, et al.,
Defendants.
/
REQUEST FOR PRODUCTION OF DOCUMENTS TO
NICLAS KIRCHBERGER AND MOONSTONE HOLDINGS, LLC
RE: COUNTS III AND VII
Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendants,
NICLAS KIRCHBERGER and MOONSTONE HOLDINGS, LLC, to produce the documents
and/or tangible items described herein within thirty (30) days of the service of this Request for
the purpose of inspection and/or copying, the following items. The production of documents is
subject to the definitions and instructions listed herein.
1. DEFINITIONS
1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendants,
NICLAS KIRCHBERGER and MOONSTONE HOLDINGS, LLC and all employees,
contractors, agents and all other persons acting on behalf of Defendants, NICLAS
KIRCHBERGER and MOONSTONE HOLDINGS, LLC.
2. “Documents” shall refer to all tangible items in your possession, custody or
control, including but not limited to, correspondence, e-mails, electronic communication,
memoranda, contracts, files, leases, agreements, closing statements, minutes, reports, records,
notes, telephone messages, long distance telephone call records, invoices, bills, books, schedules,
58344492-1 Page 1 of 8
tabulations, accountants' work papers, diary entries, telegrams, telex communications,
accountings, charts, canceled checks, receipts, ledgers, audio or video tapes, films or
photographs, press releases, newspaper clippings, advertisements, formal notices, investigations,
claims, settlements, orders, blueprints, sketches, drawings, surveys, test reports, printouts, data,
information, discs, circuits, tangible items upon which or in which information is stored
(including any form of electronic or computer database), preparatory or draft materials and all
other writings or recordings of whatever nature, whether assertedly privileged or not. The term
“document” includes the original and any and all copies of the original, as well as drafts and
copies which differ in any respect from the original. Where executed copies exist, produce an
executed copy and all executed and unexecuted copies which differ in any respect, other than
execution, from the executed copy.
3 The term “thing” or “item” includes at least documents and all three dimensional
objects of any kind, including, but not limited to, samples, prototypes, parts, objects, mark-ups,
displays, exhibits, books, advertising, tape cartridges or cassettes or reels, computer disks,
containers, wrappers and representations.
4 The term “person” includes both natural persons and non-natural persons (or
business entities). The term “person” also includes any employees, agents, attorneys,
representatives, directors, officers, members and partners of such person.
Il, INSTRUCTIONS
1 Any document as to which a claim of privilege is or will be asserted should be
identified by author, signature, description, (e.g., letter, memorandum, telex, recording, etc.) title
(if any), date, addresses (if any), general subject matter, present depository and present custodian
and a complete statement of the grounds for the claim of privilege should be set forth.
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2. 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.
3 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.
Ill. TIME AND PLACE OF PRODUCTION
You are requested to produce the documents designated in part IV hereof at the offices of
Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, within the
time required by the Florida Rules of Civil Procedure, or at such other time and place, as the
parties may agree to.
IV. CATEGORIES OF DOCUMENTS TO BE PRODUCED
Regarding Count III
1 All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of consideration from Niclas Kirchberger
to Gabriel Kirchberger in exchange for the transfer of 100% of the membership interest in
Moonstone Holdings, LLC on or about May 1, 2019.
2 All other documents which evidence the exchange of consideration in any form
for the transfer of 100% of the membership interest in Moonstone Holdings, LLC from Gabriel
Kirchberger to Niclas Kirchberger on or about May 1, 2019.
3 All lists of assets which Moonstone Holdings, LLC possessed as of May 1, 2019.
4 All lists of debts upon which Moonstone Holdings, LLC was obligated as of May
1, 2019.
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5 All documents which evidence Moonstone Holdings, LLC’s assets as of May 1,
2019.
6. All documents which evidence Moonstone Holdings, LLC’s liabilities as of May
1, 2019.
7
All bank statements for each and every account which Moonstone Holdings, LLC
held as of May 1, 2019 for the statement period which included May 1, 2019.
8 Moonstone Holdings, LLC’s internally prepared, historical financial statements
for the time period from January 1, 2016 to the present including, but not limited to, balance
sheets, income and loss statements of operations, statements of changes in stockholders’ equity,
statements of cash flows, accountants’ reports, and notes to financial statements.
9 Moonstone Holdings, LLC’s financial statements independently compiled,
reviewed, or audited on behalf of Plaintiff for time period from January 1, 2016 to the present
including, but not limited to, accountants’ reports, balance sheets, statements of changes in
stockholders’ equity, statements of cash flows, and notes to financial statements.
10. Moonstone Holdings, LLC’s internally prepared financial statements for all
interim periods of the current fiscal year including, but not limited to, balance sheets, income and
loss statements of operations, statements of changes in stockholders’ equity, statements of cash
flows, accountants’ reports, and notes to financial statements.
11. Moonstone Holdings, LLC’s financial statements independently compiled,
reviewed, or audited on behalf of Plaintiff for all interim periods of the current fiscal year
including, but not limited to, balance sheets, income and loss statements of operations,
statements of changes in members’ equity, statements of cash flows, accountants’ reports and
notes to financial statements.
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12. Moonstone Holdings, LLC’s consolidated financial statements for each time
period from January 1, 2016 to the present, whether internally prepared or independently
compiled, reviewed, or audited.
13. Moonstone Holdings, LLC’s consolidated financial statements for all interim
periods of your current fiscal year, whether internally prepared or independently compiled,
reviewed, or audited.
14. All tangible and intangible personal property tax returns filed by Moonstone
Holdings, LLC since December 1, 2017, and all estimates of Moonstone Holdings, LLC’s taxes
for the current fiscal year.
15. Moonstone Holdings, LLC’s detailed general ledgers and subsidiary ledgers and
other supporting documentation for information reported on any income tax returns for tax years
2017 and 2018, and all estimates of taxes for the current fiscal year.
16. Moonstone Holdings, LLC’s annual reports for the years 2017 and 2018, and all
interim reports or estimates for the current fiscal year.
17. Moonstone Holdings, LLC’s monthly State of Florida, Department of Revenue
Sales and Use Tax Returns for the operation of any business assets held as of May 1, 2018, and
all interim reports or estimates for the current fiscal year.
18. Moonstone Holdings, LLC’s fixed asset and depreciation schedules for the years
2017 and 2018, as well as all estimated or interim schedules for the current fiscal year.
19, Moonstone Holdings, LLC’s payroll tax returns, including but not limited to,
Forms 941, UCT-6, and 940, and related payroll tax records, Forms W-2 and W-3, and Forms
1096 and 1099 for the years 2017 and 2018, and all interim returns or estimates of taxes for the
current fiscal year.
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20. All statements of operations and net cash flows for Moonstone Holdings, LLC’s
fiscal years since January 1, 2016, as well as all such statements for all interim periods of
Moonstone Holdings, LLC’s current fiscal year, reflecting gross rents, administrative expenses
and operating expenses, including, but not limited to, taxes, insurance, depreciation, sub-lease
payments, repairs and maintenance, employee expenses, legal fees, accounting fees, net
operating income, debt service, and net cash flows regarding the business operated on the subject
property or any portion thereof.
21. Moonstone Holdings, LLC’s accounts receivable as of May 1, 2017.
22. Moonstone Holdings, LLC’s accounts payable including aging schedules as of
May 1, 2017.
23. Moonstone Holdings, LLC’s pro forma financial statements, forecasts, budgets,
projections, and similar documents for any time period from January 1, 2016 to the date that
documents are produced in response to this request.
Regarding Count VII
24, Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the June 22, 2016 transfer of the real property located at 15213 Leipzig
Circle, Port Charlotte, Florida 33981 (the “Property”) from Gabriel Kirchberger to Niclas
Kirchberger.
25. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of consideration from Niclas Kirchberger
to Gabriel Kirchberger in exchange for the transfer of the Property on or about June 22, 2016.
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26. All other documents which evidence the exchange of consideration in any form
for the transfer of the Property from Gabriel Kirchberger to Niclas Kirchberger on or about June
22, 2016.
27. All documents evidencing any debts or mortgages that were assumed by Niclas
Kirchberger in connection with the transfer of the Property from Gabriel Kirchberger to Niclas
Kirchberger.
28. All leases to which the Property was subject as of June 22, 2016.
29. All lists of personal property and contents of the Property as of June 22, 2016.
30. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of any homeowners’ association dues for
the Property from June 22, 2016 to the date when you produce documents in response to this
request.
31. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of ad valorem taxes and non-ad valorem
taxes upon the Property from June 22, 2016 to the date when you produce documents in response
to this request.
32. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of maintenance expenses upon the Property
from June 22, 2016 to the date when you produce documents in response to this request.
33. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of any other carry costs associated with the
Property from June 22, 2016 to the date when you produce documents in response to this request.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on November
19, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a
notice of electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock
Circle, Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel
Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite
101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and
Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S.
McCall Road PMB 56, Englewood, Florida 34224, at legal@segurlaw.net, Counsel for
Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein,
Esquire, Baur & Klein, P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard,
Miami, Florida 33132, at Cklein@worldwidelaw.com and Ocardonne@worldwidelaw.com,
Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Secondary: deborah.woodson@arlaw.com
Telephone: (941) 316-7600
Counsel for Plaintiff
By: /s/ Ryan W. Owen
Ryan W. Owen
Florida Bar No. 0029355
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Filing # 99137707 E-Filed 11/19/2019 04:44:29 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, Vv. CASE NO. _17-CA-917 GABRIEL KIRCHBERGER, et al., Defendants. / REQUEST FOR PRODUCTION OF DOCUMENTS TO NICLAS KIRCHBERGER AND MOONSTONE HOLDINGS, LLC RE: COUNTS III AND VII Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendants, NICLAS KIRCHBERGER and MOONSTONE HOLDINGS, LLC, to produce the documents and/or tangible items described herein within thirty (30) days of the service of this Request for the purpose of inspection and/or copying, the following items. The production of documents is subject to the definitions and instructions listed herein. 1. DEFINITIONS 1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendants, NICLAS KIRCHBERGER and MOONSTONE HOLDINGS, LLC and all employees, contractors, agents and all other persons acting on behalf of Defendants, NICLAS KIRCHBERGER and MOONSTONE HOLDINGS, LLC. 2. “Documents” shall refer to all tangible items in your possession, custody or control, including but not limited to, correspondence, e-mails, electronic communication, memoranda, contracts, files, leases, agreements, closing statements, minutes, reports, records, notes, telephone messages, long distance telephone call records, invoices, bills, books, schedules, 58344492-1 Page 1 of 8 tabulations, accountants' work papers, diary entries, telegrams, telex communications, accountings, charts, canceled checks, receipts, ledgers, audio or video tapes, films or photographs, press releases, newspaper clippings, advertisements, formal notices, investigations, claims, settlements, orders, blueprints, sketches, drawings, surveys, test reports, printouts, data, information, discs, circuits, tangible items upon which or in which information is stored (including any form of electronic or computer database), preparatory or draft materials and all other writings or recordings of whatever nature, whether assertedly privileged or not. The term “document” includes the original and any and all copies of the original, as well as drafts and copies which differ in any respect from the original. Where executed copies exist, produce an executed copy and all executed and unexecuted copies which differ in any respect, other than execution, from the executed copy. 3 The term “thing” or “item” includes at least documents and all three dimensional objects of any kind, including, but not limited to, samples, prototypes, parts, objects, mark-ups, displays, exhibits, books, advertising, tape cartridges or cassettes or reels, computer disks, containers, wrappers and representations. 4 The term “person” includes both natural persons and non-natural persons (or business entities). The term “person” also includes any employees, agents, attorneys, representatives, directors, officers, members and partners of such person. Il, INSTRUCTIONS 1 Any document as to which a claim of privilege is or will be asserted should be identified by author, signature, description, (e.g., letter, memorandum, telex, recording, etc.) title (if any), date, addresses (if any), general subject matter, present depository and present custodian and a complete statement of the grounds for the claim of privilege should be set forth. 58344492-1 Page 2 of 8 2. 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. 3 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. Ill. TIME AND PLACE OF PRODUCTION You are requested to produce the documents designated in part IV hereof at the offices of Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236, within the time required by the Florida Rules of Civil Procedure, or at such other time and place, as the parties may agree to. IV. CATEGORIES OF DOCUMENTS TO BE PRODUCED Regarding Count III 1 All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of consideration from Niclas Kirchberger to Gabriel Kirchberger in exchange for the transfer of 100% of the membership interest in Moonstone Holdings, LLC on or about May 1, 2019. 2 All other documents which evidence the exchange of consideration in any form for the transfer of 100% of the membership interest in Moonstone Holdings, LLC from Gabriel Kirchberger to Niclas Kirchberger on or about May 1, 2019. 3 All lists of assets which Moonstone Holdings, LLC possessed as of May 1, 2019. 4 All lists of debts upon which Moonstone Holdings, LLC was obligated as of May 1, 2019. 58344492-1 Page 3 of 8 5 All documents which evidence Moonstone Holdings, LLC’s assets as of May 1, 2019. 6. All documents which evidence Moonstone Holdings, LLC’s liabilities as of May 1, 2019. 7 All bank statements for each and every account which Moonstone Holdings, LLC held as of May 1, 2019 for the statement period which included May 1, 2019. 8 Moonstone Holdings, LLC’s internally prepared, historical financial statements for the time period from January 1, 2016 to the present including, but not limited to, balance sheets, income and loss statements of operations, statements of changes in stockholders’ equity, statements of cash flows, accountants’ reports, and notes to financial statements. 9 Moonstone Holdings, LLC’s financial statements independently compiled, reviewed, or audited on behalf of Plaintiff for time period from January 1, 2016 to the present including, but not limited to, accountants’ reports, balance sheets, statements of changes in stockholders’ equity, statements of cash flows, and notes to financial statements. 10. Moonstone Holdings, LLC’s internally prepared financial statements for all interim periods of the current fiscal year including, but not limited to, balance sheets, income and loss statements of operations, statements of changes in stockholders’ equity, statements of cash flows, accountants’ reports, and notes to financial statements. 11. Moonstone Holdings, LLC’s financial statements independently compiled, reviewed, or audited on behalf of Plaintiff for all interim periods of the current fiscal year including, but not limited to, balance sheets, income and loss statements of operations, statements of changes in members’ equity, statements of cash flows, accountants’ reports and notes to financial statements. 58344492-1 Page 4 of 8 12. Moonstone Holdings, LLC’s consolidated financial statements for each time period from January 1, 2016 to the present, whether internally prepared or independently compiled, reviewed, or audited. 13. Moonstone Holdings, LLC’s consolidated financial statements for all interim periods of your current fiscal year, whether internally prepared or independently compiled, reviewed, or audited. 14. All tangible and intangible personal property tax returns filed by Moonstone Holdings, LLC since December 1, 2017, and all estimates of Moonstone Holdings, LLC’s taxes for the current fiscal year. 15. Moonstone Holdings, LLC’s detailed general ledgers and subsidiary ledgers and other supporting documentation for information reported on any income tax returns for tax years 2017 and 2018, and all estimates of taxes for the current fiscal year. 16. Moonstone Holdings, LLC’s annual reports for the years 2017 and 2018, and all interim reports or estimates for the current fiscal year. 17. Moonstone Holdings, LLC’s monthly State of Florida, Department of Revenue Sales and Use Tax Returns for the operation of any business assets held as of May 1, 2018, and all interim reports or estimates for the current fiscal year. 18. Moonstone Holdings, LLC’s fixed asset and depreciation schedules for the years 2017 and 2018, as well as all estimated or interim schedules for the current fiscal year. 19, Moonstone Holdings, LLC’s payroll tax returns, including but not limited to, Forms 941, UCT-6, and 940, and related payroll tax records, Forms W-2 and W-3, and Forms 1096 and 1099 for the years 2017 and 2018, and all interim returns or estimates of taxes for the current fiscal year. 58344492-1 Page 5 of 8 20. All statements of operations and net cash flows for Moonstone Holdings, LLC’s fiscal years since January 1, 2016, as well as all such statements for all interim periods of Moonstone Holdings, LLC’s current fiscal year, reflecting gross rents, administrative expenses and operating expenses, including, but not limited to, taxes, insurance, depreciation, sub-lease payments, repairs and maintenance, employee expenses, legal fees, accounting fees, net operating income, debt service, and net cash flows regarding the business operated on the subject property or any portion thereof. 21. Moonstone Holdings, LLC’s accounts receivable as of May 1, 2017. 22. Moonstone Holdings, LLC’s accounts payable including aging schedules as of May 1, 2017. 23. Moonstone Holdings, LLC’s pro forma financial statements, forecasts, budgets, projections, and similar documents for any time period from January 1, 2016 to the date that documents are produced in response to this request. Regarding Count VII 24, Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the June 22, 2016 transfer of the real property located at 15213 Leipzig Circle, Port Charlotte, Florida 33981 (the “Property”) from Gabriel Kirchberger to Niclas Kirchberger. 25. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of consideration from Niclas Kirchberger to Gabriel Kirchberger in exchange for the transfer of the Property on or about June 22, 2016. 58344492-1 Page 6 of 8 26. All other documents which evidence the exchange of consideration in any form for the transfer of the Property from Gabriel Kirchberger to Niclas Kirchberger on or about June 22, 2016. 27. All documents evidencing any debts or mortgages that were assumed by Niclas Kirchberger in connection with the transfer of the Property from Gabriel Kirchberger to Niclas Kirchberger. 28. All leases to which the Property was subject as of June 22, 2016. 29. All lists of personal property and contents of the Property as of June 22, 2016. 30. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of any homeowners’ association dues for the Property from June 22, 2016 to the date when you produce documents in response to this request. 31. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of ad valorem taxes and non-ad valorem taxes upon the Property from June 22, 2016 to the date when you produce documents in response to this request. 32. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of maintenance expenses upon the Property from June 22, 2016 to the date when you produce documents in response to this request. 33. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of any other carry costs associated with the Property from June 22, 2016 to the date when you produce documents in response to this request. 58344492-1 Page 7 of 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on November 19, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of electronic filing to: Glenn N. Siegel, Esquire, Glenn N. Siegel, P.A., 17825 Murdock Circle, Suite A, Port Charlotte, Florida 33948, at kim@glennsiegellaw.com, Counsel for Gabriel Kirchberger; David K. Oaks, Esquire, David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950, at doaksesq@comeast.net, Counsel for Carol DeVille and Southern Shore Enterprises, LLC, Robert W. Segur, Esquire, Robert W. Segur P.A., 2828 S. McCall Road PMB 56, Englewood, Florida 34224, at legal@segurlaw.net, Counsel for Moonstone Holdings, LLC, Niclas Kirchberger, and Christine Frazer; Christopher J. Klein, Esquire, Baur & Klein, P.A., New World Tower, Suite 2100, 100 North Biscayne Boulevard, Miami, Florida 33132, at Cklein@worldwidelaw.com and Ocardonne@worldwidelaw.com, Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Secondary: deborah.woodson@arlaw.com Telephone: (941) 316-7600 Counsel for Plaintiff By: /s/ Ryan W. Owen Ryan W. Owen Florida Bar No. 0029355 58344492-1 Page 8 of 8