IN THE CIRCUIT OF THE 1 1 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA LTA LOGISTICS, INC.

and LESTER TRIMINO Plaintiff ENRIQUE VARONA, Respondent

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GENERAL JURISDICTION DIVISION CASE NO.: 2010-59330 CA 10

PLAINTIFF'S PRE TRIAL CATALOGUfipri T C

COMES NOW, Counsel for the Plaintiff, LTA LOGISTICS, INC and LESTER TRIMINO, by and through undersigned counsel and files this Pre-Trial Catalog and states the following: THE FACTS OF THE CASE LTA is Transportation and Logistics Company that offers solutions and solves issues that might arise before and during the transportation of any heavy load. LTA specializes in handling full load freight from any point in the United States and Canada. LTA utilizes carriers that are dependable and use high quality equipment. LTA specializes in the transportation of heavy construction equipment such as hydraulic excavators, draglines, drills, roof bolters, rock dusters and wheel loaders to name a few. LTA has a practice, policy and procedure prior to employing any person for employment to have the individual sign a non-disclosure and non-solicitation agreement with the prospective employee. The non-disclosure and non-solicitation agreement specifically requires that the prospective employee agree that they are not to solicit any

customers of LTA to terminate its relationship with LTA for a period of two years from the date that the employee terminates his relationship with LTA. According to the Plaintiffs the defendant in this action signed the Non-disclosure and Non solicitation agreement on June 9, 2009. Sometime thereafter the employment relationship between LTA and the defendant terminated. Subsequent to the termination of the defendant's employment relationship with the Plaintiffs, the defendant began to work with Landstar Transportation. This company is in the same field as LTA Logistics. Given the fact that all the parties work in the same field, it came to the attention of LTA that the defendant's name was on a load from a previous customer of LTA. According to LTA this was in direct violation of the Non solicitation agreement. LTA then contacted Landstar to inform them of the previous non solicitation agreement. The defendant was then apparently terminated from his employment with Landstar. Te Defendant in this action disputes that he signed the non disclosure and non solicitation agreement. The Plaintiffs in, this cause of action advertise on the internet and receives many of their customers from such advertising. In addition, they keep many of their current
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customers through advertising on the int-ernet. After Landstar was contacted by LTA and was informed oi" the non-solicitation agreement, the defendant subsequently began an iattack campaign on the internet to discredit LTA and specifically Lester Trimino. Lester Trimino is the President of LTA. The Plaintiffs in this cause of action spent countless man hours addressing this attack campaign to limit the effect that it could cause on the business. In addition, the Plaintiffs in this cause of action, retained the services of

National Positions USA to effectively deal with the with the internet attack campaign.

National Positions USA was hired by LTA to specifically address this internet attack campaign. It was as a result of this internet attack campaign that this action was initiated by the Plaintiffs. The Plaintiffs in this action filed a request for an injunction to stop the attack campaign by the defendant and filed an additional cause of action alleging tortious interference. The defendant in this action then counterclaimed for tortious interference of a business relationship along with additional causes of action. WITNESS LIST 1. Lester Trimino 2. Annette Trimino 3. Todd Osipiak 4. Sebastian Nandino 5. Jerry Mugar 6. Richard Rojas 7. Carlos Gonzalez 8. Miriam Romero 9. Michael Mitrani 10. Myriam Arango 11. William Zafra 12. Esteban Lopez 13. Luis Coello 14. Magda Coppola 15. Leticia Gonzalez 16. Jeffrey Rodriguez 17. Dean Huffman 18. Eric Diaz 19. Krystal Perez 20. Roger Tabares 21. Miguel Milian The above twenty one listed witnesses can be reached at LTA Logistics(14331 SW 120th Street, Suite 203 Miami Florida 33186-7297) 22. National Positions USA (5012 Chesebro Road Suite 200 Agoura Hills, Cal 91301 Phone (866) 669-8789) 23. Atlantic Cargo Agencies 14331 SW 120th Street Suite 205 Miami Florida 331867297)

MEDIATION

The parties attended mediation. An impasse was reached at the mediation.

UNIQUE AREA OF THE LAW

The Plaintiffs in this cause of action have alleged and requested that this Court enter a Permanent Injunction. The Plaintiffs in this cause of action have also alleged Tortuous Interference. The Defendant in this cause of action has counterclaimed against the Plaintiffs in this cause of action. Specifically the Defendant in this cause of action has counterclaimed for tortuous Interference with a Business Relationship. In the defendant's claim for tortuous interference with a business relationship the defendant alleges that the Plaintiffs intentionally and unjustifiably interfered with the relationship that the defendant had with Landstar. That as a result of the plaintiffs interference with his relationship with Landstar the defendant was fired and suffered loss and damages as a result of the Plaintiffs actions. The Defendants' second cause of action alleges Tortous interference with a businesses advantage. The defendant in this cause of action alleges that due to the Plaintiffs actions of contacting Landstar the defendants subsequent termination the defendant suffered damage and loss. The defendant's third cause of action alleges conspiracy for tortous interference with an advantageous business relationship. In the defendant fourth cause of action the defendant alleges a count of fraud. The defendant in this cause of action asserts that the Plaintiffs forged his signature on the non disclosure and non solicitation agreement. That according to the defendant, the plaintiffs in this cause of action forged the defendants' signature and then sent this fraudulent document to

the defendants' employer Landstar and that as a result of submitting this fraudulent document the defendant was terminated from his employment.
EXHIBIT LIST

All previously filed non disclosure and non solicitation agreement The non disclosure and non solicitation agreement signed by the defendant. Emails from the defendant to the plaintiff Any and all previously filed documents as it relates to the above case.
RESERVATION TO SUPPLEMENT PRE TRIAL CATALOGUE

The Plaintiff in this cause of action reserves the right to supplement the pre trial Catalogue.
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by email and mail to Enrique Varona at 14823 SW 125 Court Miami Florida 33186 on this _4th day of March 2013. 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
By:

SCOTT EGLEST Florida Bar No.: 883425