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IN THE COUNTY COURT OF THE ELEVENTH JUDICIALCIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISIONCASE NO. 11 20527 CA 21
LTA LOGISTICS, INC.LESTER TRIMINO, et al; THE ORIGINALPlaintiff,
MAY 2 4 2013V>
IN THE OFFICE OFCIRCUIT COURT DADE CO., FL
Enrique Varona,Defendant,
DEFENDANT'S OBJECTION TO PLAINTIFF MOTION FORLEAVE OF COURT TO AMEND COMPLAINT
HERE COMES THE DEFENDANT, Enrique Varona, who is Sui
Juris acting Pro-se, who objects to the Plaintiff motion for leave ofcourt to amend the complaint on the basis that the amended complaint as
proposed by counsel contains numerous statements and conclusions of
law that are false, libelous, and shows this court the following;
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NEW ATTORNEYS / NEW COMPLAINT /NEW MISREPRESENTATIONS
The Defendant has cataloged a number of misrepresentations in the
Plaintiff counsel proposed amended complaint.
1. On paragraph 5_ of the amended complaint, Plaintiff counsel
incorrectly states that this Circuit Court is the proper venue for this
action. As per contract terms between Plaintiff and Defendant (see
Page 3, Section 10 of the contract) the proper "venue of any action
brought (is) exclusively in the circuit court of Henrico, Virginia or the
U.S. District Court for the Eastern District of Virginia.'1' Defendant has
not agreed to waive any provision of his employment agreement with
the Plaintiff including section 10, venue and choice of law .
2. On paragraph 8 of the amended complaint, Plaintiff counsel states
that Defendant was hired by Plaintiff to maintain and service certain of
their "high degree of cultivated and well developed customer
relationships'". Plaintiff never provided Defendant with any
"customers" to service or maintain during his employment. Defendant
an independent contractor, owned his own portfolio of clients which
predated his employment agreement with the Plaintiff and these were
the only customers he serviced while employed by the Plaintiff, (see
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IRS form 1099, tax year 2009, exhibit 1 proof of Independent
contractor).
3. On paragraph 9 of the amended complaint, Plaintiff counsel
fraudulently states that Defendant and Plaintiff entered into an
employment "Agreement" dated November 5, 2009. Mr. Scott
Egelston P.A. previous counsel for Plaintiff entered into the courts
records the only legitimate employment "agreement" between Plaintiff
and Defendant which is dated June 9, 2009 (see, PLAINTIFF
RESPONSE TO DEFENDANT'S REQUEST TO PRODUCE,
February 26, 2013 answer to interrogatory no. 1).
4. On paragraph 13 of the amended complaint, Plaintiff counsel
fraudulently states that the load posted by Defendant on getloaded.com
on June 24, 2010 was from a Plaintiff customer. See sworn affidavit
of UNIVERSAL FREIGHT BROKERS, INC.
5. On paragraph 23. and Paragraph 43 of the amended complaint,
Plaintiff counsel falsely states that Defendant published on the internet at
a blog called "Blacklist.org" the following defamatory message:
"Lester Trimino, SOE Asshole in Miami who screws everyone,got an extensive rap sheet. This blog is intended for all victimsof Lester Trimino and LTA LOGISTICS, INC. I believe theCustomers should know the truth behind the company."
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The Defendant has never published anything at "Blacklist.org" the
Defendant considers such a preposterous allegation made by the Plaintiff
counsel as libelous. The Defendant strongly suggests the plaintiff
counsel inquire with "Blacklist.org" who was the person(s) responsible
for publishing the blog they refer to before falsely accusing the
Defendant of being the publisher of such an unprofessional, offensive,
and disrespectful statement.
6. On paragraph 48 of the amended complaint, the Plaintiff counsel
states that "LTA has suffered damages totaling $11,300.00 in payments
to third parties for assistance in removing Defendant's defamatory
internet materials from internet results." The company the Plaintiffused for these "services" was NATIONAL POSITIONS SOE, of
California and this company through its manager denies ever offering
these types of services to the Plaintiff. The Plaintiff has been served
with a subpoena regarding the invoices it claims to have paid for these
services. However, the Plaintiff did successfully remove some of the
defendant's video postings from YouTube.com by filling over 100
fraudulent "Copyright infringement notices" on a non existent
copyright, a violation of federal law (see, title 17 sec 5(c)) each
fraudulent copyright infringement notice is a second degree felony.
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THE YOUTUBE.COM VIDEOS ISSUE
7. On paragraphs 24, 25, 44, 45, of the amended complaint,
Plaintiff counsel makes deceitful, incomplete, and impartial reference
to the YouTube.com video postings on the internet by the defendant
between February through April 2011. Videos posted on the
defendant's private YouTube.com channel such as "Liar, Liar, Pants
on fire" ... "Deception form LTA LOGISTICS, INC"...and "LTA
LOGISTICS a true or false quiz you decide....
8. These videos were posted in response to Plaintiff own
YouTube.com video postings and advertising campaigns were Plaintiff
fraudulently advertised to the public at large that their transportation
services consisted of their "ownership" and "management" of 225
blue trucks and trailers. The fact of the matter was/ is that the Plaintiff
is not licensed as a motor carrier, Plaintiff does not own any trucks or
trailers, Plaintiff is a broker who is a third party logistics company who
arranges transport of goods between a carrier and a shipper and makes a
commission for doing so. It is against federal law to misrepresent
broker services for those of a motor carrier. It is against state law to
misrepresent the facts in any advertising campaign.
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9. As a result of an agreement between the Plaintiff previous counsel
Mr. Scott Egleston P.A., and Defendant, both parties agreed to stop
posting videos on YouTube.com (1) provided the Plaintiff stooped
posting false advertising misrepresenting his companies services and
claiming to own 225 trucks on the internet in exchange for (2)
Defendant agreeing to stop posting videos exposing the Plaintiffs
fraud. This agreement has been in place since April 2011 to this day,
for a total of over 2 years. On information and belief both parties have
uphold their agreement to this date.
THE DEFENDANT'S POSTINGS ON SCRIBD
10. On paragraph 46 of the amended complaint, Plaintiff counsel
raises an issue with what she claims are alleged "defamatory"
statements against the Plaintiff posted by defendant on his Scrib
website account. Scribd is a free website were people post documents
such as legal papers, books, and any written material they so please.
The "offending" postings consist of most of the papers which are public
court records pertaining to this case, of 25 postings the defendant has
the Plaintiff counsel has issues with posting 1, posting 2, and posting 7.
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11. The Plaintiff who at all times has retained legal counsel in this
litigation failed to rebut or contest the Defendants affidavits stating that
he was and how he was in violation of both federal and state RICO
statutes which makes him by definition a racketeer. (See,
DEFENDANT' S NOTICE OF FELONY, December 12, 2012). Also
see,
a) Non Rebutted Affidavits are "Prima Facie Evidencein the Case,"United States vs. Kis, 658 F.2d, 526, 536-337(7thCir. 1981);
b) Cert Denied, 50 U.S. L.W. 2169; S.Ct. March 22,1982. "Indeed, no more than (Affidavits) is necessary tomake the Prima Facie Case."
c) Seitzer v. Seitzer, 80 Cal. Rptr. 688 "UncontestedAffidavit taken as true in support of Summary Judgment."
12. The Plaintiff by claiming to own and operate 225 trucks in his
video advertising is perpetrating a scam and a fraud against the shipping
public. In addition, the Plaintiff conduct in this case is an example of
malicious, abusive, and criminally negligent behavior by failing to
answer two requests of production, deceitfully answering two request
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of admissions, defaulting on two court order to compel production of
documents, ignoring subpoenas for relevant records, egregious acts of
malfeasance and corruption against the court, against the defendant and
against due process of law. AND NOW, the Plaintiff has an issue with
the Defendant calling the cattle black.
13. The biggest problem for this Plaintiff appears to be the truth.
14. Defendant believes that he is free to express his "opinions" as a
private citizen on the internet, and while the defendant believes he
enjoys first amendment protection for his freedom of speech, he is also
an accommodating person. The Defendant has edited these 3 postings
(1,2,7) to remove the alleged "offending" words even though they are
truthful and legally accurate descriptions of the Plaintiff and his
behavior. In addition the Defendant would remind this court that Court
records, pleadings, motions and so forth are public documents available
to the public at large.
15. The only reason the Plaintiff should feel embarrassed is for his
own conduct and behavior during this litigation. Issues the Plaintiff has
to resolve within himself and not through the Defendant. Is clear that this
Plaintiff needs mental and emotional professional counseling. I hope he
gets it.
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CONCLUSION
The Plaintiff counsel has asked this court for leave to amend the
complaint with a proposed new lengthy complaint that contains 86
paragraphs of statements most of which are false representations of the
facts, conclusions of law, and hearsay . It claims actions for Breach of
contract, Tortious Interference with business relationship (damages),
asks for Permanent Injunctive relief, and defamation against LTA
LOGISTICS (against a fiction of law), and for Defamation against
LESTER TRIMINO. The reason they request this leave to amend
complaint is (1) to establish a "contract" with the defendant through
fraudulent inducement, false considerations and (2) in the so called
interest of justice and (3) to clean the pleadings. The Defendantopposes this request by the Plaintiff counsel for the following reasons:
(a) of 86 statements only statements 1, 2, 3, 6, 40 are true (b) 13
statements misrepresentations of the facts (c) 31 statements are
predicated on the applicability of the terms contained on a fraudulent
contract dated November 5, 2010. A contract that has expired 2 years
age (d) 24 statements are mere conclusions of law and hearsay made by
the counsel (e) 9 statements deal with TRIMINOS unbalanced
psychotic personality and marital problems brought about by his own
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actions and that are irrelevant to the legal issues at hand (f) In two years
of litigation the Plaintiff has failed to identity one customer of his the
defendant interfered with (g) In two years of litigation Plaintiff has
failed to identify any monetary damages except for the bogus $11,300
which services they refuse to provide invoices for (h) Pretends to
enforce an employment contract that expired 3 years ago (i) and
complain about videos from YouTube.com that were removed two years
ago and have not been posted ever since.
In the interest of justice, time, the rule of law, common sense, and basic
human decency, the Plaintiff should not be allowed to file an amended
frivolous complaint he does not intend to prosecute or provide any
evidence in support of his claims. Instead this court should dismiss the
Plaintiff SLAPP complaint with prejudice and the defendants
counterclaim should be scheduled for trial as soon as the court sees fit.
>uld be justice.
Rqspectmilly suomitt&d by,
4_x_v_yQrYN>->^__,nriqAe\Varona, Sui Juris acting Pro-se
14823ysV- 125 CourtMiami, Florida [email protected]
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing was
mailed by US certified mail number. # on May I/O ,2013 to
WARREN GAJVflLL & ASSOCIATES, P.A. at Suite 1050,
Courthouse Tower 44 West Flagler Street, Miami, Florida 33130.
ctfully,
inricpe Varona, Sui Juris acting Pro-se25J.W. 125 Court
Miami, Florida 33186