IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION

DIVISION
CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. LESTER TRIMINO, et al; Plaintiffs and Defendant's in the counterclaim,

Vs.
Enrique Varona, Defendant and Plaintiff in the counterclaim,

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NOTICE OF SPECIAL HEARING PLEASE take notice that Enrique Varona a Defendant and Plaintiff in this action, has called

for 20 minutes of the Courts time for a Special Hearing in front of the honorable judge Marcia Caballero on Monday, October 22, 2012 at 2:00 P.M. at the Miami Dade Courthouse, 73 West Flagler St Miami, Florida 33125, room 1110 or as soon thereafter as it may be heard on: (1) Discovery for trial on motions to produce, (2) and fraudulent reply to request of admissions, (3) and other discovery issues in preparation for trial. tfullv submitted,

Enrijqup Varona, pro 14823 S.W. 125 Court Miami, Florida 33186

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION
CASE NO. 11 20527 CA 21 LTA LOGISTICS, INC. LESTER TRTMINO, et al;

ff>
v.
Enrique Varona, Defendant,

THE ORIGIN/

NOV ] 6 2012

REVISED REQUEST OF PRODUCTION. CLARIFICATION OF REQUEST OF ADMISSIONS 3 & 4. NOTICE OF PERJURY 1. On Monday, October 22, 2012 at 2:15 p.m. The Defendant, Enrique Varona who is

proceeding, sui juris called for a special hearing between the Plaintiff and its counsel Mr. Scott Egleston P.A. (from here on the "parties" ) which took place in the chambers of the Honorable Judge Marcia B. Caballero. The purpose of which was for the court to require from plaintiff that it provide the requested documents to the defendant as requested in the first and second, REQUEST OF PRODUCTION done pursuant to FRCP rule 1.350 the first of which was dated August 18, 2011

and the second on November 16, 2011. And for clarification of plaintiff answers to question 3 & 4 to the defendants request of admissions done pursuant FRCP rule 1.370 dated December 28, 2011. As they are needed for trial. 3. The parties agreed to the requested documents to be provided by plaintiff within 10 days from the receipt of this notice as enumerated in part I REVISED REQUEST OF PRODUCTION of this notice. 4. In addition the parties agreed to set aside the plaintiffs response to the defendants request of admissions an resubmit a response to revised questions 3 & 4 of the defendants request of

admissions under pain and penalty of perjury within 10 days from the receipt of this notice. Questions 3 & 4 will be restated and/or expanded for clarification as enumerated in part II

CLARIFICATION OF REQUEST OF ADMISSIONS of this notice.

I REVISED REQUEST OF PRODUCTION 5. Plaintiff can refer to "production instructions" found on Motion to request production filed on November 18, 2011 for compliance protocol for this request. The following documents should be made available to defendant at 14823 S.W. 125 Court, Miami Florida 33186:

1. Any and all documents which you now have hi your possession or control and which you believe you will rely upon should this matter be tried. 2. Address and contact information for the ex employee Vicky from accounting. 3. Name and addresses and other contact information of all the alleged customers, clients, future customers, etc that you claim defendant contacted or solicited or interfered with which are the subject of your tortuous interference claim. 4. All the signed contracts between LTA LOGISTICS, INC., that you have with these customers (if they exist) that state that they had an exclusive commercial relationship with the plaintiff, which make the basis for your claim of tortuous interference. 5. Since you allege a claim of injury in the form of lost revenues and/or profit as a result of defendants YouTube video postings and his employment with LANDSTAR LOGISTICS, INC. please provide LTA LOGISTICS, INC corporate tax returns for the years 2008, 2009, 2010, 2011 and/or financial statements as proof of lost revenue. 6. Copies of any truck or trailer leases, titles, registration, or insurance policies or other documentation which proves that you are a motor carrier and an equally situated competitor of LANDSTAR LOGISTICS, INC. which are the nature of your claim of tortuous interference. 7. Copy of all agreements between Mr. Trimino and his attorney that provide for fees

paid and copies of all cancelled checks paid to the attorney for fees.

6. Parties have agreed that the original blue ink signature non disclosure & non solicitation contract dated November 5th, 2009 in alleged possession of LTA LOGISTICS, INC. will be made available for inspection and copying by the defendant and/or his counsel when requested.

II CLARIFICATION OF REQUEST OF ADMISSIONS 3 & 4 7. Plaintiff can refer to motion request of admissions filed on December 20, 2011 for compliance protocol for this request. The following documents should be made available to defendant at 14823 S.W. 125 Court, Miami Florida 33186: 8. Question 3 is amended as follows: 3. Please admit or deny under pain of perjury, that LTA LOGISTICS, INC (the company) or any of its principals, agency or agents hold a "Copyright certificate" for exclusive use of the company logo , name, or any commercial advertising material video and/or voice issued between June, 2009 through December, 2011.

9. Question 4 is amended as follows: 4. Please admit or deny under pain of perjury that Mr. Trimino President of LTA LOGISTICS, INC. or its designated agent filed more than 25 Copyright violation infringement notices against Enrique Varona and his video channel with Google YouTube between the periods of June, 2009 through December,

2011.
m NOTICE OF PERJURY 10. Plaintiff reminds Defendants that this clarified request of admissions and the answers provided by them either admitted or denied are made under the pain and penalties of perjury. Which is as per reference in Black's Law Dictionary 6th, page 1139 defined as:

PERJURY: in law, the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness "in a judicial proceeding" as part of evidence, either upon Oath or in any form allowed by law to be substituted for an Oath, whether such evidence is given in open court, or in an Affidavit, or otherwise, such assertion being material to the issue or point of inquiry and known to such witness to be false.

And;
"a person is guilty of perjury if in any official proceeding he makes a false statement under oath or equivalent affirmation or swears or affirms the truth of a statement previously made, when the statement is material, and he does not believe it to be true". Henry V. Deen. 310 N.C. 75, 310 S.E. 2d 326, 335

11. Plaintiff reminds Defendant and its counsel that subornation of perjury, which is procuring another to commit perjury, referenced at 18 USCA 1621, 1622, 1623. In addition that their attorney, legal firm, or other parties, are liable to sanctions by certifying circumstances, which may not have been true, complete, nor intended not to mislead, as per;

"Sanctions; If after notice and a reasonable opportunity to respond, the court determines that subdivision (B) has been violated, the court may, subject the attorneys to sanction as well as the legal firm or parties that violated subdivision (B)". F.R.C.P.. Rule 11 and 28 USCA 1746.

I EnriqueWarona, Sui juris . 125 Court Miami, Florida 33 186 305-812-3784 ,e Court will forward the Judge's order to the parties in this cause of action. tfully submitted,

Enriaiie Varonar'Sui juns