Filing# 191688054 E-Filed 02/09/2024 06:26:07 PM
`IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUITIN AND FOR
`BROWARD COUNTY, FLORIDA
`CASE NO.: CACE-22-05125
`FVP OPPORTUNITY FUND III, LP, a Delaware
`limited partnersh*; FVP INVESTMENTS, LLC, a
`Delaware limited liabilitycompany; and FVP
`SERVICING, LLC, a Delaware limited liability
`company,
`Plaintiffs,
`VS.
`KARMA OF BROWARD, INC., a Florida corporation;
`et al.
`Defendants.
`i
`NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM
`THE STATE OF FLORIDA:
`To: Avrumi (Josh) Lubin
`C/O
`Bernard Egozi, Esq.
`Egozi & Bennett, P.A.
`Telephone: 305.931.3000, Ext. 101
`Direct Dial: 305.931.9342
`Cell: 305.335.0381
`Via Email: begozi@egozilaw.com
`YOU ARE COMMANDED to appear for a videotaped deposition,via Zoom, conducted by
`counsel for the FVP Parties Jerry Breslin Esq., Fla. Bar # 269573, Email: JB@JSJB.Law,
`Schwartz IBreslin, Attorneys at Law, The DuPont Building,169 East Flagler Street, Suite
`700, Miami, Fl 33131
`on March 15, 2024 at 9:30 AM.
`A ZOOM LINK WILL BE EMAILED TO YOUR ATTORNEYS IN ADVANCE OF THE
`DEPOSITION
`DOCUMENTS TO BE BROUGHT TO THE DEPOSITION.
`Pursuant to Fla.R.Civ.P. 1.410(e) you are commanded to produce the following
`designated books, papers, documents, or tangiblethings that constitute or contain evidence
`relatingto any of the matters within. If you fail to appear with the followingdocuments, you
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/09/2024 06:26:07 PM.****
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`may be held in contempt of court.
`DEFINITIONS:
`A. "You" or "Your" or "Lubin" shall mean Avrumi Lubin a/k/a Josh Lubin, as well as any
`persons acting on Your behalf with Your knowledge, and any entityowned and/or
`controlled by You.
`B. "Hi Bar" shall mean Hi Bar Capital,LLC, a New York limited liabilitycompany, and shall
`expresslyinclude Yisroel Herbst ("Herbst")and any employee, officer,member, agent or
`representativeof Hi Bar.
`C. The "FVP Parties" or"FVP" shall mean FVP OpportunityFund III,LP, a Delaware limited
`partnership,FVP Investments, LLC, a Delaware limited liabilitycompany, and FVP
`Servicing,LLC, a Delaware limited liabilitycompany.
`D. The "Amended Complaint" shall mean the First Amended Complaint filed ofrecord in this
`action by the FVP Parties.
`E. The "Karma Entities" shall mean, collectively,Karma of Broward, Inc., a Florida
`corporation,and Karma of Palm Beach, Inc.,a Florida corporation.
`"The Zankls" shall mean Scott Zankl and Kristen Zankl.
`"Spin" shall mean Spin CapitalLLC, a New York limited liabilitycompany.
`"Excell" or "EAG" shall mean Excell Auto Group, Inc.,a Florida corporation.
`"Franklin" shall mean Franklin Capital Funding, LLC, a Michigan limited liability
`company, or any predecessoror related entityof it including,without limitation,Franklin
`CapitalManagement, LLC, a Michigan limited liabilitycompany, Franklin CapitalGroup,
`LLC, a Michigan limited liabilitycompany, and Wing Lake CapitalPartners f/k/a Franklin
`CapitalGroup, LLC, a Michigan limited liabilitycompany.
`3. The word "identify"when used with respect to a document means: (i)to specifythe nature
`ofthe document (suchas, for example, a letter,memorandum, etc.); (ii)to state the date,if
`any, appearing on the document, or if none, the date upon which such document was
`prepared;(iii)to describe in generalthe subjectmatter of the document; (iv)to identify
`each person who wrote, signed,dictated,or otherwise participatedin the preparationofthe
`document; (v)to identifyeach person, if any, who was an addressee thereof,and (vi)if it
`now exists,to identifyeach person having custodyof the document.
`K. The term "documents" shall refer to any documents, information,and/or writingsdefined
`and/or identified in Fla. R. Civ. P. 1.350(a)and shall also include all writings,written,
`printed, typed,or graphicalmatter of any kind or nature, however produced or reproduced,
`whether sent or received or neither,and means the originaland any copy of any document
`or thingsubjectto productionthat is in your actual or constructive possession, custody,or
`control,includingbut not limited to the originaland any non-identical copy (which is
`different from the originalbecause of notations or other markings on such copy or
`otherwise)of all contracts, agreements, statements, affidavits,depositions,work orders,
`purchase orders,invoices,bills, claims,lawsuit or litigation pleadings, filings, stipulations
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`or settlement documents, applications,employment contracts, accounting journals,
`accountingledgers,advertisements,affidavits,agendas,proposed agreements, analyses,
`appointment books, appraisals,financial calculations,financial projections,financial
`statements, graphs,handwritten notes or comments however produced or reproduced,
`internal accounting records, interoffice communications, invoices, ledgers,letters, lists,
`logbooks,manuals, memoranda, video, motion pictures,newspaper or magazine articles,
`nonconforming copieswhich contain deletions,notations or records of meetings,notes,
`outlines,photographs, pictures, plans, preliminarydrafts,receipts,recommendations,
`records,records of payment, reports, results of investigations,schedules, schematics,
`sh*ping, papers, slides,specifications,statements of account, studies,summaries, surveys,
`tape recordings,tabulations,tables,and any and all other papers similar to any of the
`foregoing.Any document shall include all exhibits, schedules,or other writingsaffected
`by or referenced in any such document or other writingsnecessary to complete the
`information contained therein or to make it not misleading.
`L. The term "communications," shall mean records of any correspondence or
`communications includingpaper copies of mail, e-mail ("e-mail"),text messages, audio
`recordingsand messages, social media messaging in any format, and any notes of
`conferences,conversations,or meetings. Any e-mail shall be providedin its originaland
`unedited PST format by deliveryflash drive or thumb drive or other electronic transfer of
`the data in a format that maintains the unrefined and unedited fidelityof the data.
`M. "ESI" if requested refers to ElectronicallyStored Information and means complete and
`accurate raw and unrefined and unedited data in its native format that is contained on the
`computers, CDs, USB drives,Hard Drives, SSD drives,flash drives,thumb drives,or disks
`or data compilationsfrom which information can be obtained or translated,from any
`electronic device that originallycreated or stored the data and any storage device of any
`descriptionor media and backup media includingthe cloud used in or by your computers
`and other electronic devices,includingall data that is not readilyavailable to an ordinary
`computer user, such as "deleted" files and "file fragments."Any ESI requestedshall be
`providedin its originaland unedited format by deliveryof a disk,flash drive or thumb
`drive or other electronic transfer of the data in a format that maintains the unrefined and
`unedited fidelityof the data.
`N. The term "Corporate Records" shall refer to bylaws,Articles of Incorporationor Articles
`of Organization,stock ownership documents includingcopies of share certificates,
`membership interest ownership documents including copiesof share membership interest
`certificates,shareholders agreements, operatingagreements, stock or membership interest
`options,stock or membership transfer ledgers, equityoptions,minutes of shareholders or
`members meetings,resolutions and filingswith the Secretaryof State.
`0. The term "Bank Records" shall refer to balance sheets,bank checks, bank depositor
`withdrawal slips,bank credit or debit memoranda, monthly bank statements, any company
`or personal checks, bank deposit or withdrawal slips,bank credit or debit memoranda,
`notices ofwire transfer or receiptof funds,receipts,statements of account, and any and all
`other papers similar to any of the foregoing.
`P. The term "management" refers to any officer, director,key shareholder and all personnel
`employed by the entityfrom which productionis soughtwhether employed full time, part
`time or otherwise, and any third party consultant,agent, broker, independent contractor,
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`whether compensated or not that was retained or consulted to generate information and/or
`opinionsand/or generate or cultivate business and/or business relationshipsin reference to
`the subjectmatter on which productionis sought.
`Q. The words "agreement" or "contract" shall be deemed to include any agreement, whether
`reduced to a writingor not, or contract executed or in effect at any time during an indicated
`period, regardlessof whetherit was thereafter superseded,amended, modified, rescinded,
`or revoked.
`R. Production of an agreement or contract shall be deemed to require productionof any draft
`and of any copy of the agreement or contract or the draft thereof which differs in any
`respect from such originalor draft.
`S. The word "person" shall be deemed to mean any natural person, the estate of any natural
`person or any legalentity,including,but not limited to, a corporation, partnership,and an
`unincorporatedassociation,and any officer, director,employee, agent, or other person
`actingor purportingto act on its behalf.
`T. Any request for productionof a document shall be deemed to require productionof each
`and every such thingexecuted, created,prepared,received,or in effect at any time to the
`present, or duringany other indicated periodoftime.
`U. "Regarding", "Referring to", "Relating to" or "relates to" means, without limitation,
`embodying, evidencing, mentioning,concerning, directlyor indirectly,the subjectmatter
`or person identified in a specificrequest.
`V. The singularshall include the pluraland vice versa; the terms "and" and "or:-" shall be both
`conjunctiveand disjunctive;the term "including"means "includingwithout limitation.
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`W. If an attorney-client privilege,work product,or other privilegeis claimed as to any
`document or item called forby this request, create a privilege loglistingfor each document.
`1) the type of document;
`2) the generalsubjectmatter ofthe document;
`3) the date ofthe document;
`4) the author ofthe document;
`5) the addressee ofthe document;
`6) the individuals copiedon the document; and
`7) any other such information as is sufficient to identifythe document.
`8) Also, if a privilegeor other discoveryprotectionis claimed as to any document
`called for by this request, the response shall identifythe specificnature of the
`privilegeclaimed with respect to that document.
`DOCUMENTS TO BE BROUGHT
`1. Any and all "communications," "reports,"and "documents," as above defined requestedof
`Defendant Avrumi (Josh)Lubin in the FVP Parties' requests for production
`-
`Filing#
`189177951, E-Filed 01/05/2024 12:34:28 PM filed ofrecord in this case.
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`2. Any and all "communications,
`".'
`:reports,"and "documents," produced as above defined by
`Avrumi (Josh)Lubin to any person or entityin response to the FVP Parties' requests for
`productionto Hi Bar Capital,LLC in 2023.
`3. The corporate records of Spin.
`4. Any and all "communications,
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`-reports,"and "documents," as above defined relatingto
`any transaction between Spin and the Zankls or the Karma Entities.
`5. Any and all "communications,
`., C.
`-reports,"and "documents," as above defined relatingto
`any transaction between Spin and Franklin.
`6. Any and all "communications,
`., C.
`-reports,"and "documents," as above defined relatingto
`any transaction between Spin and Hi Bar.
`7. Any and all "communications,
`., C.
`-reports,"and "documents," as above defined relatingto
`or referencingthe FVP Parties.
`8. Any and all "communications," "reports,"and "documents," as above defined or any
`evidence of any descriptionthat You suggest may be relevant or helpfulto You to defend
`or disproveany allegationsmade in the Amended Complaint regardingor relatingto Hi
`Bar or Avrumi (Josh)Lubin.
`These items will be inspectedand may be copied at that time. You will not be requiredto
`surrender the originalitems. You may condition the preparationof the copiesupon the payment
`in advance ofthe reasonable cost of preparation.You have the rightto objectto the production
`pursuant to this subpoena at any time before production by givingwritten notice to the attorney
`whose name appears on this subpoena.
`If you fail to appear as specifiedand furnish the records or objectto this subpoena, you
`may be in contempt of court.
`You are subpoenaed to appear by the following attorneys and unless excused from this
`subpoena by these attorneys or the Court, you shall respond to this subpoena as directed.
`Upon oral examination before a notary public or officer authorized by law to take
`depositions in the State of Florida. THE ORAL EXAMINATION WILL CONTINUE
`FROM DAY TO DAY UNTIL COMPLETED. This deposition is being taken for the
`purposes of discovery, for use at trial,or for such other purposes as are permitted under the
`rules of the Court.
`DATED on February, 2024
`Schwartz IBreslin PLLC
`Email: JB@JSJB.Law
`Bresfin
`(Fla. R. Jud. Admin. 2.515 Electronic Signature)
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`JerryBreslin Esq.
`Fla. Bar #269573
`Schwartz IBreslin PLLC
`The DuPont Building
`169 East FlaglerStreet
`Suite 700
`Miami, Fl 33131
`Tel.: 305-577-4626
`Fax.: 305-577-4630
`/s/ Jonathan Noah Schwartz, Esq.
`Jonathan Noah Schwartz, Esq.
`Florida Bar No. 1014596
`Email: JS@JSJB.Law
`Schwartz IBreslin,Attorneys at Law
`COHEN & MCMULLEN, P.A.
`/s/ Bradford Cohen, Esq.
`/s/ Michael J. McMullen, Esq.
`1132 SE 3rd Avenue
`Fort Lauderdale, Florida 33316
`Telephone: (954) 523-7774
`Facsimile: (954)523-2656
`(IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA), DISABLED PERSONS
`WHO, BECAUSE OF THEIR DISABILITIES, NEED SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS
`PROCEEDING SHOULD CONTACT THE ADA COORDINATOR NOT LATER THAN FIVE (5) BUSINESS DAYS
`PRIOR TO THEPROCEEDING AT THE INDICATED ADDRESS. TELEPHONE: VOICE/TDD (305) 831-6364).
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