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Filing # 99337752 E-Filed 11/22/2019 02:35:20 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, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC,
a Florida limited liability company, and
MOONSTONE HOLDINGS, LLC, a Nevada
limited liability company,
Defendants.
/
ORDER OVERRULING DEFENDANTS’ OBJECTIONS TO NON-PARTY
SUBPOENAS, OVERRULING DEFENDANTS’ OBJECTIONS TO REQUESTS FOR
PRODUCTION, AND DENYING DEFENDANTS’ MOTIONS FOR PROTECTIVE
ORDER, IN PART
THIS ACTION came before the Court for hearing at 1:30 p.m. on Monday, November
18, 2019 on Defendant, Gabriel Kirchberger’s, Objection to Notice of Production from Non-
Party (e-filed
on 07/30/19); Defendant, Gabriel Kirchberger’s, Objection to Notice of
Production from Non-Party (e-filed on 07/31/19); Defendants, Moonstone Holdings, LLC,
Christine Frazer and Niclas Kirchberger’s, Objection to Notice of Production from Non-Party (e-
filed on 07/31/19); Defendant, Gabriel Kirchberger’s, Objections to Plaintiff's Request for
Production of Documents directed to Gabriel Kirchberger (e-filed on 07/31/19); Motion for
Protective Order of Gabriel Kirchberger (e-filed on 08/02/19); Defendant, Southem Shores
Enterprises, LLC’s, Motion for Protective Order (e-filed on 08/20/19); Defendant, Moonstone
Holdings, LLC’s, Motion for a Protective Order (e-filed on 08/21/19); Defendant, Golden Key
Properties, LLC’s, Motion for Protective Order (e-filed on 08/23/19); and Objections to
Plaintiff's Request for Production of Documents Directed to Golden Key Properties, LLC (e-
58340017-1
filed on 08/23/19). The Court has reviewed the objections and motions, has heard the arguments
of counsel, and is otherwise duly advised in the premises. It is hereby ORDERED:
1 The Objections to the Notices of Production from Non-Parties are OVERRULED.
Plaintiff may issue the proposed subpoenas to Non-Parties, Charlotte State Bank & Trust,
Englewood Bank & Trust, GNK Sky Realty, Inc., Robert W. Segur, P.A., and Daniel Hicks, P.A.
2 Defendant Gabriel Kirchberger’s Objections to Plaintiff's Request for Production
of Documents directed to Gabriel Kirchberger are OVERRULED and the Motion for Protective
Order of Gabriel Kirchberger is DENIED. Defendant Gabriel Kirchberger shall respond to the
Plaintiff's Request for Production and produce the documents responsive thereto to Plaintiff
within 30 days of the date of this Order.
3 Defendant, Southern Shores Enterprises, LLC’s, Motion for Protective Order is
DENIED, in part, as set forth herein:
a. Southern Shores Enterprises, LLC shall respond to and produce documents in
response to the following requests: 1-9, 11-12, 14-15, 18, 47-48, and 55-59.
Souther Shores Enterprises, LLC shall respond to and produce documents in
response to the following requests: 8, 10, 13, 16, 17, 19, 20-21, 24-46, and 49-54
as modified below:
1 In response to paragraph 10, Southern Shores Enterprises, LLC shall only
produce partially redacted bank statements which show deposits and
withdrawals made by Gabriel Kirchberger;
U In response to paragraph 13, Southern Shores Enterprises, LLC shall only
produce the front and all checks written at the direction of Gabriel
Kirchberger and for the benefit of Gabriel Kirchberger;
58340017-1
iii In response to paragraph 16, Southern Shores Enterprises, LLC shall only
produce all wire transfer receipts for each wire transfer it has forwarded at
the direction of Gabriel Kirchberger and for the benefit of Gabriel
Kirchberger;
IV. In response to paragraph 17, Southern Shores Enterprises, LLC shall only
produce all such withdrawal records direct benefit of Gabriel Kirchberger.
In response to paragraph 19, Southern Shores Enterprises, LLC shall only
produce all K-1’s issued to Gabriel Kirchberger.
Vi In response to paragraph 20, Southern Shores Enterprises, LLC shall only
produce all such payroll tax records for Gabriel Kirchberger.
vii In response to paragraph 21, Southern Shores Enterprises, LLC shall only
produce such documents which reference Gabriel Kirchberger.
viii In response to paragraph 24, Southern Shores Enterprises, LLC shall only
produce all such documents where Gabriel Kirchberger was acting on
behalf of Southem Shores Enterprises, LLC.
1X, In response to paragraphs 25-46 and 49-54, Souther Shores Enterprises,
LLC shall only produce those documents that were signed by Gabriel
Kirchberger.
4 Defendant Southern Shores Enterprises, LLC shall respond to the Plaintiff’s
Request for Production as modified by paragraph 3, hereof, and produce the documents
tesponsive thereto to Plaintiff within 30 days of the date of this Order.
5. Defendant, Moonstone Holdings, LLC’s, Motion for a Protective Order is
DENIED, in part, as set forth herein:
58340017-1
Moonstone Holdings, LLC shall respond to and produce documents in response to
the following requests: 1-9, 11-12, 14-15, 18, 31, and 35-37.
Moonstone Holdings, LLC shall respond to and produce documents in response to
the following requests: 10, 13, 16, 17, 19-21, 24, and 25-30 as modified below:
1 In response to paragraph 10, Moonstone Holdings, LLC shall only
produce partially redacted bank statements which show deposits and
withdrawals made by Gabriel Kirchberger;
A In response to paragraph 13, Moonstone Holdings, LLC shall only
produce the front and all checks written at the direction of Gabriel
Kirchberger and for the benefit of Gabriel Kirchberger;
iii In response to paragraph 16, Moonstone Holdings, LLC shall only
produce all wire transfer receipts for each wire transfer it has forwarded at
the direction of Gabriel Kirchberger and for the benefit of Gabriel
Kirchberger,
IV. In response to paragraph 17, Moonstone Holdings, LLC shall only
produce all such withdrawal records direct benefit of Gabriel Kirchberger.
In response to paragraph 19, Moonstone Holdings, LLC shall only
produce all K-1’s issued to Gabriel Kirchberger.
Vi In response to paragraph 20, Moonstone Holdings, LLC shall only
produce all such payroll tax records for Gabriel Kirchberger.
vii In response to paragraph 21, Moonstone Holdings, LLC shall only
produce all such documents which reference Gabriel Kirchberger.
58340017-1
viii. In response to paragraph 24, Moonstone Holdings, LLC shall only
produce all such documents where Gabriel Kirchberger was acting on
behalf of Moonstone Holdings, LLC.
ix. In response to paragraphs 25-31, Moonstone Holdings, LLC shall only
produce only those documents that were signed by Gabriel Kirchberger.
6. Defendant Moonstone Holdings, LLC shall respond to the Plaintiff's Request for
Production as modified by paragraph 5, hereof, and produce the documents responsive thereto to
Plaintiff within 30 days of the date of this Order.
7
Defendant, Golden Key Properties, LLC’s, Motion for Protective Order is
DENIED, in part, and its Objections to Plaintiff's Request for Production of Documents Directed
to Golden Key Properties, LLC are OVERRULED, in part, as set forth herein:
a. Golden Key Properties, LLC shall respond to and produce documents in response
to the following requests: 1-9, 11-12, 14, 15, 18, 25, and 29-31.
b. Golden Key Properties, LLC shall respond to and produce documents in response
to the following requests: 10, 13, 16, 17, 19, 20, 21, and 24 as modified below:
1 In response to paragraph 10, Golden Key Properties, LLC shall only
produce partially redacted bank statements which show deposits and
withdrawals made by Gabriel Kirchberger;
WL In response to paragraph 13, Golden Key Properties, LLC shall only
produce only the front and all checks written at the direction of Gabriel
Kirchberger and for the benefit of Gabriel Kirchberger;
iii. In response to paragraph 16, Golden Key Properties, LLC shall only
produce only wire transfer receipts for each wire transfer it has forwarded
58340017-1
at the direction of Gabriel Kirchberger and for the benefit of Gabriel
Kirchberger;
IV. In response to paragraph 17, Golden Key Properties, LLC shall only
produce all such withdrawal records direct benefit of Gabriel Kirchberger.
In response to paragraph 19, Golden Key Properties, LLC shall only
produce K-1’s issued to Gabriel Kirchberger.
Vi In response to paragraph 20, Golden Key Properties, LLC shall only
produce those payroll tax records for Gabriel Kirchberger.
vii In response to paragraph 21, Golden Key Properties, LLC shall only
produce such documents which reference Gabriel Kirchberger.
viii In response to paragraph 24, Golden Key Properties, LLC shall only
produce such documents where Gabriel Kirchberger was acting on behalf
of Golden Key Properties, LLC.
8 Defendant Golden Key Properties, LLC shall respond to the Plaintiff's Request
for Production as modified by paragraph 7, hereof, and produce the documents responsive
thereto to Plaintiff within 30 days of the date of this Order.
58340017-1
9 The Court reserves ruling on the balance of Southern Shores Enterprises, LLC’s,
Moonstone Holdings, LLC’s, and Golden Key Properties, LLC’s objections to Plaintiff’s
Requests for Production and their Motions for Protective Order pending the issuance of an order
on their motions to dismiss and the production of the documents ordered to be produced herein.
a
acd W tA
igned by JUDGE LISA PORTER in 17000917CA
on 11/22/2018 14:34:45 voCgacoS
Electronic Service List
Christopher J Klein ,
David K. Oaks ,
Glenn N Siegel ,
Mark A Slack , ,
Robert W Segur
Ryan W. Owen ,
Brian McNamara, Esquire
Sebastian Nye-Schmitz, Esquire
DREW F. CHESANEK
58340017-1
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Filing # 99337752 E-Filed 11/22/2019 02:35:20 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, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company, and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants. / ORDER OVERRULING DEFENDANTS’ OBJECTIONS TO NON-PARTY SUBPOENAS, OVERRULING DEFENDANTS’ OBJECTIONS TO REQUESTS FOR PRODUCTION, AND DENYING DEFENDANTS’ MOTIONS FOR PROTECTIVE ORDER, IN PART THIS ACTION came before the Court for hearing at 1:30 p.m. on Monday, November 18, 2019 on Defendant, Gabriel Kirchberger’s, Objection to Notice of Production from Non- Party (e-filed on 07/30/19); Defendant, Gabriel Kirchberger’s, Objection to Notice of Production from Non-Party (e-filed on 07/31/19); Defendants, Moonstone Holdings, LLC, Christine Frazer and Niclas Kirchberger’s, Objection to Notice of Production from Non-Party (e- filed on 07/31/19); Defendant, Gabriel Kirchberger’s, Objections to Plaintiff's Request for Production of Documents directed to Gabriel Kirchberger (e-filed on 07/31/19); Motion for Protective Order of Gabriel Kirchberger (e-filed on 08/02/19); Defendant, Southem Shores Enterprises, LLC’s, Motion for Protective Order (e-filed on 08/20/19); Defendant, Moonstone Holdings, LLC’s, Motion for a Protective Order (e-filed on 08/21/19); Defendant, Golden Key Properties, LLC’s, Motion for Protective Order (e-filed on 08/23/19); and Objections to Plaintiff's Request for Production of Documents Directed to Golden Key Properties, LLC (e- 58340017-1 filed on 08/23/19). The Court has reviewed the objections and motions, has heard the arguments of counsel, and is otherwise duly advised in the premises. It is hereby ORDERED: 1 The Objections to the Notices of Production from Non-Parties are OVERRULED. Plaintiff may issue the proposed subpoenas to Non-Parties, Charlotte State Bank & Trust, Englewood Bank & Trust, GNK Sky Realty, Inc., Robert W. Segur, P.A., and Daniel Hicks, P.A. 2 Defendant Gabriel Kirchberger’s Objections to Plaintiff's Request for Production of Documents directed to Gabriel Kirchberger are OVERRULED and the Motion for Protective Order of Gabriel Kirchberger is DENIED. Defendant Gabriel Kirchberger shall respond to the Plaintiff's Request for Production and produce the documents responsive thereto to Plaintiff within 30 days of the date of this Order. 3 Defendant, Southern Shores Enterprises, LLC’s, Motion for Protective Order is DENIED, in part, as set forth herein: a. Southern Shores Enterprises, LLC shall respond to and produce documents in response to the following requests: 1-9, 11-12, 14-15, 18, 47-48, and 55-59. Souther Shores Enterprises, LLC shall respond to and produce documents in response to the following requests: 8, 10, 13, 16, 17, 19, 20-21, 24-46, and 49-54 as modified below: 1 In response to paragraph 10, Southern Shores Enterprises, LLC shall only produce partially redacted bank statements which show deposits and withdrawals made by Gabriel Kirchberger; U In response to paragraph 13, Southern Shores Enterprises, LLC shall only produce the front and all checks written at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger; 58340017-1 iii In response to paragraph 16, Southern Shores Enterprises, LLC shall only produce all wire transfer receipts for each wire transfer it has forwarded at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger; IV. In response to paragraph 17, Southern Shores Enterprises, LLC shall only produce all such withdrawal records direct benefit of Gabriel Kirchberger. In response to paragraph 19, Southern Shores Enterprises, LLC shall only produce all K-1’s issued to Gabriel Kirchberger. Vi In response to paragraph 20, Southern Shores Enterprises, LLC shall only produce all such payroll tax records for Gabriel Kirchberger. vii In response to paragraph 21, Southern Shores Enterprises, LLC shall only produce such documents which reference Gabriel Kirchberger. viii In response to paragraph 24, Southern Shores Enterprises, LLC shall only produce all such documents where Gabriel Kirchberger was acting on behalf of Southem Shores Enterprises, LLC. 1X, In response to paragraphs 25-46 and 49-54, Souther Shores Enterprises, LLC shall only produce those documents that were signed by Gabriel Kirchberger. 4 Defendant Southern Shores Enterprises, LLC shall respond to the Plaintiff’s Request for Production as modified by paragraph 3, hereof, and produce the documents tesponsive thereto to Plaintiff within 30 days of the date of this Order. 5. Defendant, Moonstone Holdings, LLC’s, Motion for a Protective Order is DENIED, in part, as set forth herein: 58340017-1 Moonstone Holdings, LLC shall respond to and produce documents in response to the following requests: 1-9, 11-12, 14-15, 18, 31, and 35-37. Moonstone Holdings, LLC shall respond to and produce documents in response to the following requests: 10, 13, 16, 17, 19-21, 24, and 25-30 as modified below: 1 In response to paragraph 10, Moonstone Holdings, LLC shall only produce partially redacted bank statements which show deposits and withdrawals made by Gabriel Kirchberger; A In response to paragraph 13, Moonstone Holdings, LLC shall only produce the front and all checks written at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger; iii In response to paragraph 16, Moonstone Holdings, LLC shall only produce all wire transfer receipts for each wire transfer it has forwarded at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger, IV. In response to paragraph 17, Moonstone Holdings, LLC shall only produce all such withdrawal records direct benefit of Gabriel Kirchberger. In response to paragraph 19, Moonstone Holdings, LLC shall only produce all K-1’s issued to Gabriel Kirchberger. Vi In response to paragraph 20, Moonstone Holdings, LLC shall only produce all such payroll tax records for Gabriel Kirchberger. vii In response to paragraph 21, Moonstone Holdings, LLC shall only produce all such documents which reference Gabriel Kirchberger. 58340017-1 viii. In response to paragraph 24, Moonstone Holdings, LLC shall only produce all such documents where Gabriel Kirchberger was acting on behalf of Moonstone Holdings, LLC. ix. In response to paragraphs 25-31, Moonstone Holdings, LLC shall only produce only those documents that were signed by Gabriel Kirchberger. 6. Defendant Moonstone Holdings, LLC shall respond to the Plaintiff's Request for Production as modified by paragraph 5, hereof, and produce the documents responsive thereto to Plaintiff within 30 days of the date of this Order. 7 Defendant, Golden Key Properties, LLC’s, Motion for Protective Order is DENIED, in part, and its Objections to Plaintiff's Request for Production of Documents Directed to Golden Key Properties, LLC are OVERRULED, in part, as set forth herein: a. Golden Key Properties, LLC shall respond to and produce documents in response to the following requests: 1-9, 11-12, 14, 15, 18, 25, and 29-31. b. Golden Key Properties, LLC shall respond to and produce documents in response to the following requests: 10, 13, 16, 17, 19, 20, 21, and 24 as modified below: 1 In response to paragraph 10, Golden Key Properties, LLC shall only produce partially redacted bank statements which show deposits and withdrawals made by Gabriel Kirchberger; WL In response to paragraph 13, Golden Key Properties, LLC shall only produce only the front and all checks written at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger; iii. In response to paragraph 16, Golden Key Properties, LLC shall only produce only wire transfer receipts for each wire transfer it has forwarded 58340017-1 at the direction of Gabriel Kirchberger and for the benefit of Gabriel Kirchberger; IV. In response to paragraph 17, Golden Key Properties, LLC shall only produce all such withdrawal records direct benefit of Gabriel Kirchberger. In response to paragraph 19, Golden Key Properties, LLC shall only produce K-1’s issued to Gabriel Kirchberger. Vi In response to paragraph 20, Golden Key Properties, LLC shall only produce those payroll tax records for Gabriel Kirchberger. vii In response to paragraph 21, Golden Key Properties, LLC shall only produce such documents which reference Gabriel Kirchberger. viii In response to paragraph 24, Golden Key Properties, LLC shall only produce such documents where Gabriel Kirchberger was acting on behalf of Golden Key Properties, LLC. 8 Defendant Golden Key Properties, LLC shall respond to the Plaintiff's Request for Production as modified by paragraph 7, hereof, and produce the documents responsive thereto to Plaintiff within 30 days of the date of this Order. 58340017-1 9 The Court reserves ruling on the balance of Southern Shores Enterprises, LLC’s, Moonstone Holdings, LLC’s, and Golden Key Properties, LLC’s objections to Plaintiff’s Requests for Production and their Motions for Protective Order pending the issuance of an order on their motions to dismiss and the production of the documents ordered to be produced herein. a acd W tA igned by JUDGE LISA PORTER in 17000917CA on 11/22/2018 14:34:45 voCgacoS Electronic Service List Christopher J Klein , David K. Oaks , Glenn N Siegel , Mark A Slack , , Robert W Segur Ryan W. Owen , Brian McNamara, Esquire Sebastian Nye-Schmitz, Esquire DREW F. CHESANEK 58340017-1