Party Discovery: BIBERSTEIN, HARRY vs. KIRCHBERGER, GABRIEL

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                                Filing # 94669259 E-Filed 08/23/2019 11:25:23 AM



                   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 TO PLAINTIFF'S REQUEST FOR PRODUCTION OF
                    DOCUMENTS DIRECTED TO GOLDEN KEY PROPERTIES, LLC


              Defendant, Golden Key Properties, LLC (hereinafter “Golden”), objects to

       Plaintiff's Request for Production bearing service date of July 25, 2019, as follows:


                                                General Objection:

               1     Golden         generally   objects   to   any    Request    for    Production    of

       Documents which requires it to compile information from sources not readily available. Golden

       will respond to any document based solely on the information available to it at the present time.

       In preparing its responses, Golden has not consulted and has no obligation to consult, former

       employees, agents or third parties over whom it has no control. Because discovery is ongoing,

       Golden expressly reserves its rights and intends to continue to investigate and identify and

       discover all documents during the pendency of this case; at trial, Golden 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 Golden.

            2.     Golden 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.        Golden generally objects to any Request that requires it to purport or produce the

“entire, wn any," or "all," documents because it is unduly burdensome because Golden cannot

reasonably know or identify each such document.

        4          Golden objects to each Request to the extent that the Request requires Golden 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 Golden to

object to the use of any such        document or information      contained therein   in any subsequent

proceedings.

        6.         Golden 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        Golden 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 Golden 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 Golden to object to the use of such document or information

contained therein in any subsequent proceeding.

                                               Specific Objection:

        9          The basis for this objection is that prior to service of the subject Request for

Production, Motions to Dismiss the Complaint were considered by this Court. This Court

specifically held:

               1   The      Out-of-Country        Foreign          Judgment      entered      by      the
               Ontario Superior Court of Justice on September 23, 2016
               against Gabriel  Kirchberger,  Susanne Viktoria Schmidt,
               Nomen Fitness, Inc., 487223 Ontario Limited and 1171852
               Ontario      Limited      Carrying          on      Business      as    G.K.        York
               Management Service, is not a money judgment and therefore
               cannot be recognized and enforced under the Out-of-Country
               Foreign-Money Judgment Act.

      Thus, the Court found that the judgment obtained by the Plaintiff in Canada is not a money

judgment and could not be domesticated in Charlotte County, Florida pursuant to the referenced

Out-of-Country Foreign Money Judgment Act. That Order was entered July 24, 2018. See Section

55.604, Florida Statutes. Thus, that ruling by this Court constitutes the law of the case. Florida

Department of Transportation y. Juliano, 801 So.2d 101 (Fla. 2001).

      Further,      726.102     (4), Florida    Statutes        defines   a "claim,"   as   a right    to payment,

whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent,

matured,       unmatured,    disputed,   undisputed,   legal, equitable,        secured or unsecured.       Under

subsection (5) of that statute a "creditor," means a person who has a claim.
Thus, if Plaintiff is neither a creditor nor holds a claim, then discovery of financial worth

is not warranted. Thus, Plaintiff does not hold a "claim," to entitle him the requested discovery.

Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189 (Fla. 2003).




                                CERTIFICATE         OF SERVICE


       WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with

the Clerk of Court via the Florida Courts E-Filing Portal which will serve as a notice of

electronic filing upon all counsel of record this 23rd day of August, 2019.



                                              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) 377-35: 61 / Fax:    (305) 371-4380
                                                                          f


                                              By:                    fi
                                                       CHRIS/MSPHER J. KLEIN —
                                                       Fla. Bar.     0.2 311855
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