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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
SOUTHERN SHORES ENTERPRISES, LLC RE: COUNT I
Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant,
SOUTHERN SHORES ENTERPRISES, 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.
I. DEFINITIONS
1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant,
SOUTHERN SHORES ENTERPRISES, LLC and all employees, contractors, agents and all
other persons acting on behalf of Defendant, SOUTHERN SHORES ENTERPRISES, 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,
tabulations, accountants' work papers, diary entries, telegrams, telex communications,
58340533-1 Page 1 of 6
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.
5 The term “Property” refers to 2699 Seville Blvd, #602, Clearwater, Florida
33764, which is legally described as:
Condominium Unit 602, Building B, Seville Condominium 12, a Condominium,
according to the Declaration of Condominium thereof, as recorded in Official
Records Book 4410, Page 1745, and all amendments thereof, as recorded in
Official Records Book 4410, Page 1745, and all amendments thereto and
Condominium Plat Book 22, Page 97 of the Public Records of Pinellas County,
Florida, together with an undivided interest in the comment elements appurtenant
thereto.
58340533-1 Page 2 of 6
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.
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.
Ii. 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
1 Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the June 2, 2015 purchase of the Property.
2. All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of consideration from Southern Shores
Enterprises, LLC to Gabriel Kirchberger in exchange for the transfer of the Property on or about
June 2, 2015.
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3 All other documents which evidence the exchange of consideration in any form
for the transfer of the Property from Gabriel Kirchberger to Southern Shores Enterprises, LLC on
or about June 2, 2015.
4 All documents evidencing any debts or mortgages that were assumed by Southern
Shores Enterprises, LLC in connection with the transfer of the Property from Gabriel
Kirchberger to Southern Shores Enterprises, LLC.
5 All leases to which the Property was subject as of June 2, 2015.
6. All lists of personal property and contents of the Property as of June 2, 2015.
7
All cancelled checks, wire transfer receipts, ACH receipts, account statements,
and other documents which demonstrate the payment of condominium association dues for the
Property from June 2, 2015 to March 11, 2016.
8 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 2, 2015 to March 11, 2016.
9. 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 2, 2015 to March 11, 2016.
10. 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 2, 2015 to March 11, 2016.
11. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the March 11, 2016 sale of the Property.
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12. All wire transfer instructions for the disposition of the seller’s proceeds from the
sale of the Property.
13. All cancelled checks (front and back) for the disposition of the seller’s proceeds
from the sale of the Property.
14. All other documents demonstrating the initial disposition of the seller’s proceeds
from the sale of the Property.
15. All account statements for the bank account into which the seller’s proceeds from
the sale of the Property were initially deposited from the time that said funds were initially
deposited until the earlier of the date said funds were fully expended and the date that documents
are produced pursuant to this request.
16. All account statements for any bank account(s) into which any portion of the
seller’s proceeds from the sale of the Property were subsequently deposited from the time that
said funds were subsequently deposited until the earlier of the date said funds were fully
expended and the date that documents are produced pursuant to this request.
17. All documents evidencing the manner(s) in which the seller’s proceeds from the
sale of the Property have been invested and reinvested by Southern Shores Enterprises, LLC.
18. All documents evidencing the distribution of the seller’s proceeds from the sale of
said property to Southern Shores Enterprises, LLC’s members.
19, All other documents which trace the location of the seller’s proceeds from the sale
of the real property on March 11, 2016 until the date that documents are produced pursuant 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
58340533-1 Page 6 of 6
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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 SOUTHERN SHORES ENTERPRISES, LLC RE: COUNT I Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant, SOUTHERN SHORES ENTERPRISES, 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. I. DEFINITIONS 1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant, SOUTHERN SHORES ENTERPRISES, LLC and all employees, contractors, agents and all other persons acting on behalf of Defendant, SOUTHERN SHORES ENTERPRISES, 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, tabulations, accountants' work papers, diary entries, telegrams, telex communications, 58340533-1 Page 1 of 6 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. 5 The term “Property” refers to 2699 Seville Blvd, #602, Clearwater, Florida 33764, which is legally described as: Condominium Unit 602, Building B, Seville Condominium 12, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4410, Page 1745, and all amendments thereof, as recorded in Official Records Book 4410, Page 1745, and all amendments thereto and Condominium Plat Book 22, Page 97 of the Public Records of Pinellas County, Florida, together with an undivided interest in the comment elements appurtenant thereto. 58340533-1 Page 2 of 6 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. 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. Ii. 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 1 Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the June 2, 2015 purchase of the Property. 2. All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of consideration from Southern Shores Enterprises, LLC to Gabriel Kirchberger in exchange for the transfer of the Property on or about June 2, 2015. 58340533-1 Page 3 of 6 3 All other documents which evidence the exchange of consideration in any form for the transfer of the Property from Gabriel Kirchberger to Southern Shores Enterprises, LLC on or about June 2, 2015. 4 All documents evidencing any debts or mortgages that were assumed by Southern Shores Enterprises, LLC in connection with the transfer of the Property from Gabriel Kirchberger to Southern Shores Enterprises, LLC. 5 All leases to which the Property was subject as of June 2, 2015. 6. All lists of personal property and contents of the Property as of June 2, 2015. 7 All cancelled checks, wire transfer receipts, ACH receipts, account statements, and other documents which demonstrate the payment of condominium association dues for the Property from June 2, 2015 to March 11, 2016. 8 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 2, 2015 to March 11, 2016. 9. 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 2, 2015 to March 11, 2016. 10. 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 2, 2015 to March 11, 2016. 11. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the March 11, 2016 sale of the Property. 58340533-1 Page 4 of 6 12. All wire transfer instructions for the disposition of the seller’s proceeds from the sale of the Property. 13. All cancelled checks (front and back) for the disposition of the seller’s proceeds from the sale of the Property. 14. All other documents demonstrating the initial disposition of the seller’s proceeds from the sale of the Property. 15. All account statements for the bank account into which the seller’s proceeds from the sale of the Property were initially deposited from the time that said funds were initially deposited until the earlier of the date said funds were fully expended and the date that documents are produced pursuant to this request. 16. All account statements for any bank account(s) into which any portion of the seller’s proceeds from the sale of the Property were subsequently deposited from the time that said funds were subsequently deposited until the earlier of the date said funds were fully expended and the date that documents are produced pursuant to this request. 17. All documents evidencing the manner(s) in which the seller’s proceeds from the sale of the Property have been invested and reinvested by Southern Shores Enterprises, LLC. 18. All documents evidencing the distribution of the seller’s proceeds from the sale of said property to Southern Shores Enterprises, LLC’s members. 19, All other documents which trace the location of the seller’s proceeds from the sale of the real property on March 11, 2016 until the date that documents are produced pursuant to this request. 58340533-1 Page 5 of 6 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 58340533-1 Page 6 of 6