Preview
Filing # 93172374 E-Filed 07/25/2019 03:20:25 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.
/
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO
MOONSTONE HOLDINGS, LLC
Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant,
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.
I. DEFINITIONS
1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant,
MOONSTONE HOLDINGS, LLC and all employees, contractors, agents and all other persons
acting on behalf of Defendant, 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,
tabulations, accountants' work papers, diary entries, telegrams, telex communications,
56243710-2 Page 1 of 15
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.
56243710-2 Page 2 of 15
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.
I. 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 The Articles of Organization for MOONSTONE HOLDINGS, LLC.
2 The Operating Agreement for MOONSTONE HOLDINGS, LLC.
3 All amendments to and/or restatements of the Operating Agreement for
MOONSTONE HOLDINGS, LLC.
4 All membership certificates evidencing the issuance of any membership interests
in MOONSTONE HOLDINGS, LLC.
5 All assignments of any membership interest in MOONSTONE HOLDINGS,
LLC.
6 All consents to the assignment of any membership interest in MOONSTONE
HOLDINGS, LLC.
56243710-2 Page 3 of 15
7 Any other documents or things which refer to or relate to the ownership of any
interest in MOONSTONE HOLDINGS, LLC.
8 Any documents or things reflecting or relating to any communications, including
emails, text messages or other contact by, between, and among the officers, directors, employees,
and agents of MOONSTONE HOLDINGS, LLC and Gabriel Kirchberger.
9 All contracts by and between MOONSTONE HOLDINGS, LLC and Gabriel
Kirchberger.
10. All bank statements for each bank account which MOONSTONE HOLDINGS,
LLC has maintained at any time between January 1, 2012 and the date of your response upon
which Gabriel Kirchberger is or was an authorized signatory for MOONSTONE HOLDINGS,
LLC.
11. The front and back of all checks MOONSTONE HOLDINGS, LLC has made
payable to Gabriel Kirchberger.
12. The front and back of all checks MOONSTONE HOLDINGS, LLC has written
on behalf of Gabriel Kirchberger.
13. The front and back of all checks MOONSTONE HOLDINGS, LLC has made
written at the direction of Gabriel Kirchberger.
14. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS,
LLC has forwarded to an account owned by Gabriel Kirchberger.
15. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS,
LLC has forwarded on behalf of Gabriel Kirchberger.
16. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS,
LLC has forwarded at the direction of Gabriel Kirchberger.
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17. All other account withdrawal records for any withdrawals from any of
MOONSTONE HOLDINGS, LLC’s bank accounts for the benefit of Gabriel Kirchberger.
18. All other account withdrawal records for any withdrawals from any of
MOONSTONE HOLDINGS, LLC’s bank accounts signed or authorized by Gabriel Kirchberger.
19. All K-1’s issued to the members of MOONSTONE HOLDINGS, LLC for tax
years 2011-2018.
20. 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 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018, and all interim
returns or estimates of taxes for the current fiscal year.
21. Any documents detailing or stating the descriptions of MOONSTONE
HOLDINGS, LLC’s management and/or employment duties and responsibilities.
22. Any documents identifying all MOONSTONE HOLDINGS, LLC’s employees.
23. All lawsuits MOONSTONE HOLDINGS, LLC has been a party to.
24, All correspondence by and between Gabriel Kirchberger and any customers,
clients, potential clients, real estate agents, tenants, or any third-party which involve or relate to
any business or assets of Defendant.
25. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the February 23, 2012 purchase of 602, 608, 612, 618, and 622 Harvard
Street, Englewood, Florida 34223, which is legally described as:
Lot 8, Block C, PLAT OF ENGLEWOOD, according to the plat
thereof recorded in Plat Book A, Page 29, of the Public Records of
Sarasota County, Florida, LESS the East 15 feet for Road Right-of-
Way
56243710-2 Page 5 of 15
26. Any and all lease agreements for 602, 608, 612, 618, and 622 Harvard Street,
Englewood, Florida 34223 from November 16, 2011 to December 22, 2014.
27. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the February 23, 2012 purchase of 3417 Junction Street, North Port,
Florida 34288, which is legally described as:
Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE
SUBDIVISION, according to the map or plat thereof recorded in
Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public
Records of Sarasota County, Florida
28. Any and all lease agreements for 3417 Junction Street, North Port, Florida 3428
from August 17, 2011 to date.
29. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing
Documents relative to the September 27, 2012 purchase of 1517 West Clinton Street, Tampa,
Florida 33604, which is legally described as:
Lot 209 and the West 30.40 feet of Lot 210, together with the
South % vacated alley abutting on the Nort, SOUTH WILMA,
according to the map or plat thereof recorded in Plat Book 19,
Page 11, of the Public Records of Hillsborough County, Florida
30. Any and all lease agreements for 1517 West Clinton Street, Tampa, Florida 33604
from October 27, 2011 to March 31, 2017.
31. Any and all Purchase Contracts, HUD-1 Settlement Statements, or other closing
documents that are signed, executed, or authorized by Gabriel Kirchberger on behalf of
Defendant for any real property, including but not limited to:
a. 350 Elmstreet Court, Englewood, Florida 34223, which is legally described as:
Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat
thereof, recorded in Plat Book 22, Page 13 of the Public Records of
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Sarasota County, Florida together with the private road known as
Elmstreet Court
b. 41 Lime Street, Englewood, Florida 34223, which is legally described as:
Lot 43, Lasbury Pine Acres, a subdivision according to the plat
thereof recorded at Plat Book 5, Page 81 of the Public Records of
Sarasota County, Florida
Cc. 2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally
described as:
Building 11, (also known as Unit 1100) Toledo Blade Professional
Center, a Condominium, according to the Declaration of
Condominium thereof recorded December 10, 1999 as Clerk’s
Instrument #1999163191, according to Condominium Book 32,
Page 1, 1A and 1B, as amended by Amendment to Declaration of
Condominium of Toledo Blade Professional Center, a
Condominium, recorded as Clerk’s Instrument #2006016521, and
according to Condominium Book 38, Page 39 through 39C, all of
the Public Records of Sarasota County, Florida
d. 3417 Junction Street, North Port, Florida 34288, which is legally described as:
Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE
SUBDIVISION, according to the map or plat thereof recorded in
Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public
Records of Sarasota County, Florida
e 750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953,
which is legally described as:
Lots 1, 2, 19, 20, 21, 22, and 23, Block 1115, PORT
CHARLOTTE SUBDIVISION, SECTION 22, a subdivision
according to the Plat thereof, recorded in Plat Book 5, Pages 12A
through 13G of the Public Records of Charlotte County, Florida,
LESS AND EXCEPT that portion of Lots 1 and 2 conveyed to the
State of Florida Department of Transportation and recorded in
Official Records Book 392, Page 730 of the Public Records of
Charlotte County, Florida
56243710-2 Page 7 of 15
20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954,
which is legally described as:
Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION,
SECTION 19, as per plat thereof recorded in Plat Book 5, Pages
9A through 9C, of the Public Records of Charlotte County, Florida
1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally
described as:
Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision
according to the plat thereof, as recorded in Plat Book 7, Pages
61A through 61D, of the Public Records of Charlotte County,
Florida
18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is
legally described as:
Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according
to the map or plat thereof as recorded in Plat Book 16, Page 35-A
of the Public Records of Charlotte County, Florida
22243 Catherine Avenue, Port Charlotte, Florida 33952, which is legally
described as:
Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION,
SECTION 33, according to the Plat thereof recorded in Plat Book
5, Pages 35A through 35F, of the Public Records of Charlotte
County, Florida
21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described
as:
Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION,
SECTION 45, according to the Plat thereof recorded in Plat Book
5, Pages 56A through 56E of the Public Records of Charlotte
County, Florida
56243710-2 Page 8 of 15
3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally
described as:
Tract D, Port Charlotte Plaza Section One, according to the plat
thereof as recorded in Plat Book 7, Page(s) 63A-63B, Public
Records of Charlotte County, Florida
23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally
described as:
A parcel of land lying in Section 25, Township 40 South, Range 22
East, Charlotte County, Florida, and being a portion of Block 16
and all of Blocks 17 and 18, including those portions of the
vacated avenues, streets and alleys of K.B. Harvey’s Central
Division, according to the plat thereof as recorded in Plat Book 1,
Page 14, of the Public Records of Charlotte County, Florida lying
within the following described parcel:
Beginning at the Southeast corner of said Block 17; THENCE
South 81°38’32” West, along the Northerly right-of-way line of
Harper Avenue, a distance of 611.25 feet; THENCE North
00°20°07” East, along the centerline of the vacated Church Street,
a distance of 200.00 feet; THENCE North 81°37°33” East, a
distance of 610.09 feet to a Point on the West right-of-way line of
Pine Street THENCE South along said West right-of way line a
distance of 200.00 feet to the Point of Beginning.
LESS AND EXCEPT: A parcel of land lying in Section 25,
Township 40 South, Range 22 East, Charlotte County, Florida, and
being a portion of Blocks 16 and 17 and a portion of vacated Gulf
Avenue of K.B. Harvey’s Central Division of Charlotte Harbor,
according to the plat thereof as recorded in Plat Book 1, Page 14,
of the Public Records of Charlotte County, Florida, and being more
particularly described as followings: Beginning at the Southeast
corner of said Block 17; THENCE run South 81 38 32” West on
the Northerly right-of-way line of Harper Avenue a distance of
100.00 feet; THENCE North on a line parallel with the West right-
of-way line of Pinnacle Street (Pine Street — Plat) a distance of
199,97 feet; THENCE North 81 37 33” East a distance of 100.00
feet to the West right-of-way line of said Pinnacle Street;
56243710-2 Page 9 of 15
THENCE South on said West right-of-way line a distance of
200.00 feet to the Point of Beginning
m. 4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte,
Florida 33980, which is legally described as:
Units 16 and 17, Whidden Industrial Park Condominium, Phase II,
a Condominium according to the Declaration of Condominium
recorded in O.R. Book 1028, Page 750, as amended in O.R. Book
1060, Page 515 to add Phase II, and all exhibits and amendments
thereto, and recorded in Condominium Book 8, Pages 68-A and
68-B, Public Records of Charlotte County, Florida
n, 2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally
described as:
Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium
according to the Declaration of Condominium recorded in O.R.
Book 1319, Page 2115, et. Seq. and according to the Plat thereof
recorded in Condominium Book 10, Pages 51A through S1C, of
the Public Records of Charlotte County, Florida together with an
undivided interest in the common elements appurtenant thereto.
0. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is
legally described as:
Lot 2 and the West 12 feet of Lot 1, Block B, Breezewood Manor,
according to the map or plat thereof, as recorded in Plat Book 7,
Page 12, of the Public Records of Charlotte County, Florida
136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally
described as:
Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per
plat recorded in Plat Book 8, Pages 15A through 15K, of the Public
Records of Charlotte County, Florida
14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described
as:
56243710-2 Page 10 of 15
Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as:
Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION,
SECTION 93, according to the Plat thereof, recorded in Plat Book
9, Pages 1A through Z4, of the Public Records of Charlotte
County, Florida
8559 Agate Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described
as:
Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described
as:
Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
56243710-2 Page 11 of 15
Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
x. 9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described
as:
Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION,
SECTION 78, according to the Plat thereof, recorded in Plat Book
6, Pages 42A through 42J, of the Public Records of Charlotte
County, Florida
y 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally
described as:
Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION,
SECTION 78, according to the Plat thereof, recorded in Plat Book
6, Pages 42A through 42J, of the Public Records of Charlotte
County, Florida
z. 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally
described as:
Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION,
SECTION 58, according to the Plat thereof, recorded in Plat Book
5, Pages 72A through 72J, of the Public Records of Charlotte
County, Florida
aa. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described
as:
Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION,
SECTION 87, according to the Plat thereof, recorded in Plat Book
7, Pages 20A through 20N, inclusive, of the Public Records of
Charlotte County, Florida
bb. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally
described as:
56243710-2 Page 12 of 15
Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION,
SECTION 85, according to the Plat thereof, recorded in Plat Book
6, Pages 60A through 60Q, of the Public Records of Charlotte
County, Florida
cc. 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally
described as:
Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION,
SECTION 85, according to the Plat thereof, recorded in Plat Book
6, Pages 60A through 60Q, of the Public Records of Charlotte
County, Florida
dd. 13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally
described as:
Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION,
SECTION 85, according to the Plat thereof, recorded in Plat Book
6, Pages 60A through 60Q, of the Public Records of Charlotte
County, Florida
ee. 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally
described as:
The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1,
TAMIAMI CITY, according to the plat thereof recorded in Plat
Book 9, Page 6, Public Records of Lee County, Florida, including
an easement for roadway purposes over the following described
parcels:
Parcel 1:
The North 30 feet of the South 183.10 feet of Lot 59, Block 1,
TAMIAMI CITY, according to the plat thereof recorded in Plat
Book 9, Page 6, Public Records of Lee County, Florida
and
Parcel 2:
56243710-2 Page 13 of 15
The Southwesterly 30 feet of Lot 53, Block 1, TAMIAMI CITY,
according to the plat thereof recorded in Plat Book 9, Page 6,
Public Records of Lee County, Florida, more particularly described
as beginning at the Southeasterly corner of Lot 53, Block 1,
TAMIAMI CITY; thence proceed in a Southwesterly direction
along the South line of said Lot 53 to the Southwesterly corner of
said Lot 52; thence Northerly along the Westerly boundary of said
Lot 53 for 30 feet; thence Northeasterly along line parallel to and
30 feet Northwesterly of the South line of said Lot 53 to
intersection of the Easterly line of said Lot 53; thence
Southeasterly to the Point of Beginning
32. A list or any other document identifying any tenants in any Property identified
herein or any other Property owned, controlled, or managed by Defendant.
33. Originals or copies of any and all lease agreements for any Property identified
herein or any other Property owned, controlled, or managed by Defendant.
34, Copies of any checks received as rental payments for any Property identified
herein or any other Property owned, controlled, or managed by Defendant.
35. Any documents or things which you intend to use as evidence at the trial of this
case.
36. Any other documents or things which support or otherwise evidence any damages
you may incur as the result of a wrongful lis pendens having been recorded against any real
property that you own.
37. Any documents that support or refute any allegations in Plaintiffs Revised
Second Amended Complaint
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document on July 25, 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,
56243710-2 Page 14 of 15
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 doaksesgq@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; Brian McNamara,
Esquire, McNamara Legal Services, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida
34109, at brian@mcnamaralegalservices.com, Co-Counsel for Defendants Andreas Kirchberger
and Golden Key Properties, LLC; and Sebastian Nye-Schmitz, Esquire, The Nye-Schmitz Law
Firm, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at sns@swfltaxlaw.com,
Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and a true
copy has been furnished on the same date via U.S. Mail to: Andreas Kirchberger, 395
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.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Primary: drew.chesanek@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
Drew F, Chesanek
Florida Bar No. 0115933
56243710-2 Page 15 of 15
Preview
Filing # 93172374 E-Filed 07/25/2019 03:20:25 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. / FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO MOONSTONE HOLDINGS, LLC Plaintiff, HARRY BIEBERSTEIN, pursuant to Fla.R.Civ.P. 1.350, requests Defendant, 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. I. DEFINITIONS 1 As employed herein, “Defendant” and “you” or “your” shall refer to Defendant, MOONSTONE HOLDINGS, LLC and all employees, contractors, agents and all other persons acting on behalf of Defendant, 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, tabulations, accountants' work papers, diary entries, telegrams, telex communications, 56243710-2 Page 1 of 15 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. 56243710-2 Page 2 of 15 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. I. 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 The Articles of Organization for MOONSTONE HOLDINGS, LLC. 2 The Operating Agreement for MOONSTONE HOLDINGS, LLC. 3 All amendments to and/or restatements of the Operating Agreement for MOONSTONE HOLDINGS, LLC. 4 All membership certificates evidencing the issuance of any membership interests in MOONSTONE HOLDINGS, LLC. 5 All assignments of any membership interest in MOONSTONE HOLDINGS, LLC. 6 All consents to the assignment of any membership interest in MOONSTONE HOLDINGS, LLC. 56243710-2 Page 3 of 15 7 Any other documents or things which refer to or relate to the ownership of any interest in MOONSTONE HOLDINGS, LLC. 8 Any documents or things reflecting or relating to any communications, including emails, text messages or other contact by, between, and among the officers, directors, employees, and agents of MOONSTONE HOLDINGS, LLC and Gabriel Kirchberger. 9 All contracts by and between MOONSTONE HOLDINGS, LLC and Gabriel Kirchberger. 10. All bank statements for each bank account which MOONSTONE HOLDINGS, LLC has maintained at any time between January 1, 2012 and the date of your response upon which Gabriel Kirchberger is or was an authorized signatory for MOONSTONE HOLDINGS, LLC. 11. The front and back of all checks MOONSTONE HOLDINGS, LLC has made payable to Gabriel Kirchberger. 12. The front and back of all checks MOONSTONE HOLDINGS, LLC has written on behalf of Gabriel Kirchberger. 13. The front and back of all checks MOONSTONE HOLDINGS, LLC has made written at the direction of Gabriel Kirchberger. 14. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS, LLC has forwarded to an account owned by Gabriel Kirchberger. 15. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS, LLC has forwarded on behalf of Gabriel Kirchberger. 16. The wire transfer receipts for each wire transfer MOONSTONE HOLDINGS, LLC has forwarded at the direction of Gabriel Kirchberger. 56243710-2 Page 4 of 15 17. All other account withdrawal records for any withdrawals from any of MOONSTONE HOLDINGS, LLC’s bank accounts for the benefit of Gabriel Kirchberger. 18. All other account withdrawal records for any withdrawals from any of MOONSTONE HOLDINGS, LLC’s bank accounts signed or authorized by Gabriel Kirchberger. 19. All K-1’s issued to the members of MOONSTONE HOLDINGS, LLC for tax years 2011-2018. 20. 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 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018, and all interim returns or estimates of taxes for the current fiscal year. 21. Any documents detailing or stating the descriptions of MOONSTONE HOLDINGS, LLC’s management and/or employment duties and responsibilities. 22. Any documents identifying all MOONSTONE HOLDINGS, LLC’s employees. 23. All lawsuits MOONSTONE HOLDINGS, LLC has been a party to. 24, All correspondence by and between Gabriel Kirchberger and any customers, clients, potential clients, real estate agents, tenants, or any third-party which involve or relate to any business or assets of Defendant. 25. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the February 23, 2012 purchase of 602, 608, 612, 618, and 622 Harvard Street, Englewood, Florida 34223, which is legally described as: Lot 8, Block C, PLAT OF ENGLEWOOD, according to the plat thereof recorded in Plat Book A, Page 29, of the Public Records of Sarasota County, Florida, LESS the East 15 feet for Road Right-of- Way 56243710-2 Page 5 of 15 26. Any and all lease agreements for 602, 608, 612, 618, and 622 Harvard Street, Englewood, Florida 34223 from November 16, 2011 to December 22, 2014. 27. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the February 23, 2012 purchase of 3417 Junction Street, North Port, Florida 34288, which is legally described as: Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public Records of Sarasota County, Florida 28. Any and all lease agreements for 3417 Junction Street, North Port, Florida 3428 from August 17, 2011 to date. 29. Any documents, HUD-1 Settlement Statements, Sales Contracts or other Closing Documents relative to the September 27, 2012 purchase of 1517 West Clinton Street, Tampa, Florida 33604, which is legally described as: Lot 209 and the West 30.40 feet of Lot 210, together with the South % vacated alley abutting on the Nort, SOUTH WILMA, according to the map or plat thereof recorded in Plat Book 19, Page 11, of the Public Records of Hillsborough County, Florida 30. Any and all lease agreements for 1517 West Clinton Street, Tampa, Florida 33604 from October 27, 2011 to March 31, 2017. 31. Any and all Purchase Contracts, HUD-1 Settlement Statements, or other closing documents that are signed, executed, or authorized by Gabriel Kirchberger on behalf of Defendant for any real property, including but not limited to: a. 350 Elmstreet Court, Englewood, Florida 34223, which is legally described as: Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat thereof, recorded in Plat Book 22, Page 13 of the Public Records of 56243710-2 Page 6 of 15 Sarasota County, Florida together with the private road known as Elmstreet Court b. 41 Lime Street, Englewood, Florida 34223, which is legally described as: Lot 43, Lasbury Pine Acres, a subdivision according to the plat thereof recorded at Plat Book 5, Page 81 of the Public Records of Sarasota County, Florida Cc. 2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally described as: Building 11, (also known as Unit 1100) Toledo Blade Professional Center, a Condominium, according to the Declaration of Condominium thereof recorded December 10, 1999 as Clerk’s Instrument #1999163191, according to Condominium Book 32, Page 1, 1A and 1B, as amended by Amendment to Declaration of Condominium of Toledo Blade Professional Center, a Condominium, recorded as Clerk’s Instrument #2006016521, and according to Condominium Book 38, Page 39 through 39C, all of the Public Records of Sarasota County, Florida d. 3417 Junction Street, North Port, Florida 34288, which is legally described as: Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public Records of Sarasota County, Florida e 750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953, which is legally described as: Lots 1, 2, 19, 20, 21, 22, and 23, Block 1115, PORT CHARLOTTE SUBDIVISION, SECTION 22, a subdivision according to the Plat thereof, recorded in Plat Book 5, Pages 12A through 13G of the Public Records of Charlotte County, Florida, LESS AND EXCEPT that portion of Lots 1 and 2 conveyed to the State of Florida Department of Transportation and recorded in Official Records Book 392, Page 730 of the Public Records of Charlotte County, Florida 56243710-2 Page 7 of 15 20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954, which is legally described as: Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION, SECTION 19, as per plat thereof recorded in Plat Book 5, Pages 9A through 9C, of the Public Records of Charlotte County, Florida 1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally described as: Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision according to the plat thereof, as recorded in Plat Book 7, Pages 61A through 61D, of the Public Records of Charlotte County, Florida 18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is legally described as: Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according to the map or plat thereof as recorded in Plat Book 16, Page 35-A of the Public Records of Charlotte County, Florida 22243 Catherine Avenue, Port Charlotte, Florida 33952, which is legally described as: Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION, SECTION 33, according to the Plat thereof recorded in Plat Book 5, Pages 35A through 35F, of the Public Records of Charlotte County, Florida 21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described as: Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION, SECTION 45, according to the Plat thereof recorded in Plat Book 5, Pages 56A through 56E of the Public Records of Charlotte County, Florida 56243710-2 Page 8 of 15 3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally described as: Tract D, Port Charlotte Plaza Section One, according to the plat thereof as recorded in Plat Book 7, Page(s) 63A-63B, Public Records of Charlotte County, Florida 23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally described as: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Block 16 and all of Blocks 17 and 18, including those portions of the vacated avenues, streets and alleys of K.B. Harvey’s Central Division, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida lying within the following described parcel: Beginning at the Southeast corner of said Block 17; THENCE South 81°38’32” West, along the Northerly right-of-way line of Harper Avenue, a distance of 611.25 feet; THENCE North 00°20°07” East, along the centerline of the vacated Church Street, a distance of 200.00 feet; THENCE North 81°37°33” East, a distance of 610.09 feet to a Point on the West right-of-way line of Pine Street THENCE South along said West right-of way line a distance of 200.00 feet to the Point of Beginning. LESS AND EXCEPT: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Blocks 16 and 17 and a portion of vacated Gulf Avenue of K.B. Harvey’s Central Division of Charlotte Harbor, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida, and being more particularly described as followings: Beginning at the Southeast corner of said Block 17; THENCE run South 81 38 32” West on the Northerly right-of-way line of Harper Avenue a distance of 100.00 feet; THENCE North on a line parallel with the West right- of-way line of Pinnacle Street (Pine Street — Plat) a distance of 199,97 feet; THENCE North 81 37 33” East a distance of 100.00 feet to the West right-of-way line of said Pinnacle Street; 56243710-2 Page 9 of 15 THENCE South on said West right-of-way line a distance of 200.00 feet to the Point of Beginning m. 4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte, Florida 33980, which is legally described as: Units 16 and 17, Whidden Industrial Park Condominium, Phase II, a Condominium according to the Declaration of Condominium recorded in O.R. Book 1028, Page 750, as amended in O.R. Book 1060, Page 515 to add Phase II, and all exhibits and amendments thereto, and recorded in Condominium Book 8, Pages 68-A and 68-B, Public Records of Charlotte County, Florida n, 2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally described as: Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium according to the Declaration of Condominium recorded in O.R. Book 1319, Page 2115, et. Seq. and according to the Plat thereof recorded in Condominium Book 10, Pages 51A through S1C, of the Public Records of Charlotte County, Florida together with an undivided interest in the common elements appurtenant thereto. 0. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is legally described as: Lot 2 and the West 12 feet of Lot 1, Block B, Breezewood Manor, according to the map or plat thereof, as recorded in Plat Book 7, Page 12, of the Public Records of Charlotte County, Florida 136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally described as: Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per plat recorded in Plat Book 8, Pages 15A through 15K, of the Public Records of Charlotte County, Florida 14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described as: 56243710-2 Page 10 of 15 Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as: Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION, SECTION 93, according to the Plat thereof, recorded in Plat Book 9, Pages 1A through Z4, of the Public Records of Charlotte County, Florida 8559 Agate Street, Port Charlotte, Florida 33981, which is legally described as: Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: 56243710-2 Page 11 of 15 Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida x. 9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described as: Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida y 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally described as: Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida z. 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida aa. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION, SECTION 87, according to the Plat thereof, recorded in Plat Book 7, Pages 20A through 20N, inclusive, of the Public Records of Charlotte County, Florida bb. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: 56243710-2 Page 12 of 15 Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida cc. 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida dd. 13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida ee. 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally described as: The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, including an easement for roadway purposes over the following described parcels: Parcel 1: The North 30 feet of the South 183.10 feet of Lot 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida and Parcel 2: 56243710-2 Page 13 of 15 The Southwesterly 30 feet of Lot 53, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, more particularly described as beginning at the Southeasterly corner of Lot 53, Block 1, TAMIAMI CITY; thence proceed in a Southwesterly direction along the South line of said Lot 53 to the Southwesterly corner of said Lot 52; thence Northerly along the Westerly boundary of said Lot 53 for 30 feet; thence Northeasterly along line parallel to and 30 feet Northwesterly of the South line of said Lot 53 to intersection of the Easterly line of said Lot 53; thence Southeasterly to the Point of Beginning 32. A list or any other document identifying any tenants in any Property identified herein or any other Property owned, controlled, or managed by Defendant. 33. Originals or copies of any and all lease agreements for any Property identified herein or any other Property owned, controlled, or managed by Defendant. 34, Copies of any checks received as rental payments for any Property identified herein or any other Property owned, controlled, or managed by Defendant. 35. Any documents or things which you intend to use as evidence at the trial of this case. 36. Any other documents or things which support or otherwise evidence any damages you may incur as the result of a wrongful lis pendens having been recorded against any real property that you own. 37. Any documents that support or refute any allegations in Plaintiffs Revised Second Amended Complaint CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing document on July 25, 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, 56243710-2 Page 14 of 15 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 doaksesgq@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; Brian McNamara, Esquire, McNamara Legal Services, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at brian@mcnamaralegalservices.com, Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and Sebastian Nye-Schmitz, Esquire, The Nye-Schmitz Law Firm, P.A., 3447 Pine Ridge Road, Suite 101, Naples, Florida 34109, at sns@swfltaxlaw.com, Co-Counsel for Defendants Andreas Kirchberger and Golden Key Properties, LLC; and a true copy has been furnished on the same date via U.S. Mail to: Andreas Kirchberger, 395 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. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Primary: drew.chesanek@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 Drew F, Chesanek Florida Bar No. 0115933 56243710-2 Page 15 of 15