IN THE CIRCUIT COURT OF THE 1 1 JUDICAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA LTA LOGISTICS, INC

Etal Plaintiffs CASE NO.: 1 1-20527 CA 21 HONORABLE ANTONIO ARZOLA

-VS-

ENRIQUE VARONA
Defendant.

THE ORiGlN/v F|LED ^J.

FEB 2 6 2013
IN THE OFF', : CIRCUIT COURT D

RESPONSE TO DEFENDANTS REQUEST FOR ADMISSIONS COMES NOW, the Plaintiffs, LTA LOGISTICS INC. and LESTER TRIMINO, by and through the undersigned counsel and herein files this his Response to the Defendant's Request for admissions and states as follows: 1. 2. That the Defendant's request for admission in number three (3) is denied in that that there That the Defendant's request for admission in number four (4) is denied. This request is no provision under the copyright law concerning the defendant's request for admission. presupposes that there are violations of copyright laws. The defendant in his counterclaim alleges no cause of action of copyright infringement. There are no pleadings or causes of actions by either the Plaintiff or the Defendant that make any allegation that there are copy write infringement. WHEREFORE, the Defendant by and through undersigned counsel respectfully files this his response to the Defendant's Request for admissions. Scott Egleston, PA Florida Bar No.: 883425 Brickell Bay Office Tower 1001 Brickell Bay Drive Suite 1200 Miami, Florida 33131 Tel:(305)892-8088 Fax: (305) 892-9562 Email: scott@egelestonlegal.cum

IN THE CIRCUIT COURT OF THE 11 JUDICAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA LTA LOGISTICS, INC Etal Plaintiffs
-VS-

CASE NO.: 11-20527 CA 21 HONORABLE ANTONIQ ARZOLA

C

'LED ON

ENRIQUE VARONA Defendant. IN THE OFFICE r.f CIRCUIT COURT

PLAINTIFF RESPONSE TO DEFENDANT'S REQUEST TO PRODUCE COMES NOW, the Plaintiffs, LTA LOGISTICS INC. and LESTER TRIMINO, by and through the undersigned counsel and herein files this his Response to the Defendant's Request to Produce and states as follows: 1. 2. 3. 4. 5. 6. 7. 8. In Response to the Defendant's First Request please find documents attached. In Response to the Defendant's Second Request please find documents attached. hi Response to the Defendant's Third Request please find documents attached.. In Response to the Defendant's Fourth Request, the Plaintiff Objects. In Response to the Defendant's Fifth Request please find documents attached. In Response to the Defendant's Sixth Request the Plaintiff Objects. In Response to the Defendant's Seventh Request the Plaintiff Objects. In Response to the Defendant's Eighth Request the Plaintiff states that Todd Osipiak and

Cristina Davis can be served and reached at 14331 SW 120* Street Miami Florida 33186. Leticia Gonzalez is no longer employed with LTA. The last known number of Leticia Gonzalez is (305) 224-2390. Sebastian Nandino is no longer employed with LTA. Sebastian Nandino last contact number is 305 903-1786. The Plaintiff at this time has no knowledge or information as it relates to "Vicky". 9. In Response to Defendant's Ninth Request, the Plaintiff states the following. Paul Guelmes, Eric Diaz, Jerry Mogar, Carlos Gonzalez, Dean Hoffman, Irene Aguliar Perez, Crystal Perez, Miguel Milian, Roger Tavares, Richard Rojas, Miriam Romero, Michael Mitrani, Myriam

Arango, Sebastian Nandino, William Zafra, Esteban Lopez,, Luis Coello, Magda Coppola, Leticia Gonzalez, Jeffrey Rodriguez are current and or past independent contractors with LTA Logistics. 10. In response to the Defendant's Tenth Request the Plaintiff states: Universe Freight Brokers WHEREFORE , the Plaintiff by and through undersigned counsel respectfully files this his response to the Defendant's Motion to Produce. Scott Egleston, PA Florida Bar Number: 883425 Brickell Bay Office Tower 1001 Brickell Bay Drive. St. 1200 Miami, Florida 33131 Tel.: (305) 892-8088 Fax: (305) 892-9562 Email: scott@eglestonlegal.com
By .

1970 NW 70th Avenue Miami Florida 33126. (305) 593-6575

Scott EglesJ0CEsq.

CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing was sent to Enrique Varona 14823 SW 125th Court Miami, Florida 33186 on this 26th day of February 2013.

Scott Egleston

Pg. 1/3

LTA LOGISTICS, INC.

NONDISCLOSURE AND NONSOLICITAT10N AGREEMENT ("Agreement")

THIS AGREEMENT is made and entered into this H^v day of --OU.O'AJ 20(^3. by and between LTA / ' " ji Logistics Incorporated, a Florida corporation, ["LTA or the Company"], and /ftJL/UL-A //lui^-wi ^Employee or "[Associate's Name]"). \
RECITALS

WHEREAS, LTA Logistics desires to employ, [Associate's Name], and Employee desires to perform services for LTA in a position which will allow Employee access to various trade secrets and confidential information belonging to LTA and which require Employee to perform services of a unique and special nature. WHEREAS, as a condition of [Associate's Name]'s employment. LTA desires to receive from [Associate's Name] covenants (a) not to disclose any confidential information acquired during or reasonably after the course of employment with LTA, (b) not to solicit any employee of LTA to terminate her or his employment with LTA, and (c) not to solicit any customer of LTA to terminate its relationship with LTA. WHEREAS, LTA and [Associate's Name] desire to set forth in writing the terms and conditions of their agreements and understandings with respect to these covenants against disclosure of confidential information, solicitation of employees, solicitation of customers, and competition with LTA, that Agreement is a condition of Employee's employment and ancillary thereto, and that this Agreement does not purport to set forth all the terms of such employment.
AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, and any consideration set forth in any Schedule A hereto, and of the mutual promises herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto (Employee and LTA) intending legally to be bound, hereby agree as follows. 1. ACKNOWLEDGMENTS. LTA is engaged in, among other things, the business of transporting freight Nationwide, and as well as related services. Employee acknowledges that LTA's business and services are highly customer-specific and customer-dependent, involving a high degree of cultivated and well developed customer relationships, further dependent upon the identity and particular needs of LTA's customers, not generally known in the industry. These relationship also are reflected in LTA's documents and information regarding its customers, suppliers, services, logistics, methods of operation, sales, pricing, and cost, all of which are highly confidential and constitute critical trade secrets. Employee further acknowledges that the services to be rendered to LTA by Employee will be of a special and unusual character which has a unique value to LTA and

Pg. 2/3

2.

3.

4.

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that Employee will have access to trade secrets and confidential information belonging to LTA, the loss of which cannot adequately be compensated by damages in an action at law. COVENANT AGAINST DISCLOSURE OF CONFIDENTAL INFORMATION. During the term of Employee's employment with LTA and for a period of two (2) years from the voluntary or involuntary termination of employment with LTA, regardless of the reason, Employee shall not use for any purpose or disclose to any person or entity any confidential information acquired during the course of employment with LTA. Employee shall not, directly or indirectly, copy, take, or remove from LTA's premises, any of LTA's books, records, customer lists, or any other documents or materials related to LTA. The term "conditional information" as used in this Agreement includes, but not limited to, records, lists, and knowledge of LTA its customers, suppliers, methods of operation, processes, trade secrets, methods of determination of prices, financial condition, profits, sales, net income, and indebtedness, as the same may exist from time to time. NONSOLICITATION OF EMPLOYEES. During the term of Employee's employment with LTA and for a period of four (4) months for each year the Employee is employed by LTA (not to exceed a period of twelve months) from the voluntary or involuntary termination of Employee's employment with LTA, regardless of the reason for termination, Employee shall not, either on her or his own account or for any person, firm, partnership, corporation, or other entity (a) solicit, interfere with, or endeavor to cause any employee of LTA to leave his or her employment; or (b) induce or attempt to induce any such any employee to breach her or his employment agreement with LTA. NONSOLICITATION OF CUSTOMERS. During the term of Employee's employment with LTA and for a period of four (4) months for each year the Employee is employed by LTA (not to exceed a period of twelve months) from the voluntary or involuntary termination of Employee's employment with LTA for any reason whatsoever, Employee shall not solicit, induce, or attempt to induce any past or current customer of LTA with whom Employee had dealt or who were serviced by other employees of LTA who were supervised by Employee at any time during Employee's employment for one year prior to his or her leaving LTA. NON-DISPARAGEMENT. Employee hereby agrees that any disparaging or defamatory comment or act against LTA is damaging to LTA and its reputation. Thus, employee agrees not to make any such comment or take any such disparaging action against LTA. Employ ee further acknowledges and agrees that and any such comment or action would constitute a material breach of this Agreement. REMEDIES. In addition to all of the remedies otherwise available to LTA, including, but not limited to, recovery from Employee of damages and reasonable attorney's fees incurred in the enforcement of this Agreement, the Company shall have the right to injunctive relief to restrain and enjoin any threatened breach of the provisions of Paragraphs 2, 3,4, and 5 of this Agreement. All of LTA's remedies for breach of this Agreement shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedies. REASONABLENESS OF RESTRICTIONS. Employee has carefully read and considered the provisions hereof and, having done so, agrees that the restrictions set forth in Paragraphs 2, 3,4, and 5 hereof (including, but not limited to, the time periods of restriction in each of such paragraphs) are fair and reasonable and are reasonably required for the protection of the interests of the Company. SEPARATE COVENANTS. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of LTA and (Associate's Name) that this Agreement shall be constructed by the court in such a manner as to impose only those restrictions on the conduct of Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure LTA of the

Pg-3/3 intended benefit of this Agreement. If, in any judicial proceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by LTA and Employee that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by Employee, the term of each such covenant so violated shall be automatically extended for a period of one (1) year from the date on which Employee permanently ceases such violation or for a period of one (1) year from the date of the entry by a court of competent jurisdiction of a final order or judgment enforcing such covenant, whichever period is later. 9. BURDEN AND BENEFIT. This Agreement shall be binding upon, and shall insure to the benefit of, LTA and Employee, and their respective successors and assigns. The Company shall have the right to assign its rights hereunder to any successor in interest, whether by merge, consolidation, sale of assets, or otherwise. 10. CHOICE OF LAW AND VENUE. It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the internal laws of the Commonwealth of Virginia, without giving effect to the conflict of law provisions thereof. Venue of any action brought to enforce relating to this Agreement shall be brought exclusively in the Circuit Court for Henrico, Virginia, or the U.S. District Court for the Eastern District of Virginia. 11. SEVERABILITY. The provisions of this Agreement (including in particular, but not limited to, the provisions of Paragraphs 2, 3, 4, and 5 hereof) shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity or enforceability of any one or more of the other provisions hereof. 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding by and between LTA and Employee with respect to the covenants contained herein, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. No charge or modifications hereof shall be valid or binding unless the same is in writing and signed by the party against whom such waiver is sought to be enforced. No validfwaiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or will be deemed a valid waiver of such provision at any other time. I /"~NN WITNESS WHEREOF, LTA and [Associate's Name] have duly executed this Agreement as of the day and year first written ,above.

/ /.
Employee / Signature Date

A Logistics, Inc. / Sgpature

)ate

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IN THE CIRCUIT OF THE 11 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA LTA LOGISTICS INC. and LESTER TRIMINO Plaintiff GENERAL JURISDICTION DIVISION CASE NO.: 2010-59330

ENRIQUE VARONA, Defendant

NOTICE OF FILING

COMES NOW the Plaintiffs, LTA LOGISTICS and LESTER TRIMINO, by and through his undersigned attorney and hereby gives Notice of Filing The Payments made to National Positions Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed and mailed on this 6th _ day of March 2013 to the Defendant Enrique Varona at 14823 SW 125th Court Miami Florida 33186. SCOTT EGLESTON, ESQUIRE Brickell Bay Office Tower 1001 Brickell Bay Drive, St. 1200 Miami, Florida 33131 Tel: (305) 892-8088 Fax: (305) 892-9562 Email: scott@eglestonlegal.com SCOTT EGLESTON/ Florida Bar No.: 883425

Page 1 of 1
Prepared for ANNETTE TRIMINO Account Number XXXX-XXXXXX-71006

Transaction Details

DMcrijtfion 07/20/2011 Wed NATIONAL POSITIONS OAGOURA HILLS Oa/22/2011 Mon NATIONAL POSITIONS OAGOURA HILS 09/20/2011 Tue NATIONAL POSITIONS OAGOURA HILLS l Wed 1 Tus NADONAtF t2'M/2011 HULLS OV2(W2012 Fri NATIONAL POSITIONS OAGOURA HtLLS 02/20/2012 Mon NATIONAL POSITIONS OAOOURA HILLS Q3O012Q12 Tue NATIONAL POSITIONS OAQOURA HILLS SWS1/2012 t;POsniQNS.OASOURA HILLS ^"SaAGOURA ipAGOURA 07/20/2012 Fri NATIONAL POSITIONS OAGOURA HILLS 08/200012 Mon NATIONAL POSITIONS OAGOURA HILLS

CA CA CA

LESTER TRIMINO LESTER TRIMINO LESTER TRIMNO

CA CA CA

LESTER TRIM NO LESTER TO1MINO LESTER TRIMINO LESTER TRIMINO

LESTER TRIMINO LESTER TRIMINO

Payments Pay In Full Charges Pay Over Time Charges Credits Total

0.00

11,300.00
D.OO 0.00

11,300.00