LTA LOGISTICS V Enrique Varona (LTA New Attorneys & New Complaint)

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION
CASE NO. 11-20527 CA 21 LTA LOGISTICS, INC., a Florida corporation, and LESTER TRIMINO, Plaintiffs,
v.
ENRIQUE JOSE VARONA, Defendant. RE-NOTICE1 OF HEARING (Motion Calendar)

To: Enrique Jose Varona
14823 S.W. 125 Court Miami, Florida 33186 PLEASE TAKE NOTICE that the following matters will be called up for a hearing before the Honorable Judge Antonio Arzola at the Miami-Dade County Courthouse, 73 West Flagler Street, Room 1110, Miami, Florida 33130, on Thursday, May 30, 2013 at 9:00 a.m. or as soon thereafter can be heard:
PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT
and
PLAINTIFFS' AGREED MOTION FOR CONTINUANCE OF TRIAL
Re-Notice only as to Plaintiffs' Motion for Leave to Amend Complaint.
WARREN GAMMItL ft ASSOCIATES, ATTORNEYS AT LAW. SU,TE ,050, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33,30 . TEL. (305) 579-0000
CASE NO. 11-20527 CA 21
In accordance with the Americans with disabilities act of 1990 (ADA), persons needing a special accommodation to participate in this proceeding should contact the ADA coordinator at the Miami-Dade County Courthouse.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. Mail on this 17th day of May 2013 on the above-named addressee. WARREN GAMMILL & ASSOCIATES Attorneys for Plaintiffs Suite 1050, Courthouse Tower 44 West Flagler Street Miami, Florida 33130 Telephone: (305) 579-0000 Telecopier: (305) 371-6927 Primary e-mail: gammill@miamilawoffice.com Secondary e-mail: mdarce@miamilawoffice.com secretarv@miamilawoffice.com
By:
Warren P. Gammill Fla. Bar No. 151221 Madelin D'Arce Fla. Bar No. 55675
WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSEJOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 11-20527 CA 21 LTA LOGISTICS, INC., a Florida corporation, and LESTER TRIMINO, Plaintiffs,
v.
ENRIQUE JOSE VARONA, Defendant.
PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiffs LTA Logistics, Inc. and Lester Trimino, by and through their undersigned counsel, move for leave to amend their complaint in this action, based on the following: 1. Plaintiffs brought this action against Defendant Enrique Varona, its former
employee, for injunctive relief and for tortious interference with a business relationship based on Defendant's defamatory publications on the internet and breach of a non-solicitation agreement. Plaintiffs' former attorney withdrew from this action on April 11, 2013. The undersigned
counsel served and filed their Notice of Appearance as counsel for Plaintiffs on April 16, 2013. This action is set for trial for the trial period commencing June 10, 2013.
WARREN GAMMILL & ASSOCIATES. ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER. 44 WEST FLAGLER STREET. MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21 2. 3. This is Plaintiffs' first request to amend their pleadings. Plaintiffs need to amend their Verified Complaint to add counts for breach of the
underlying non-solicitation agreement and for defamation, and to otherwise clean up the pleading. The proposed amended complaint is attached hereto. 4. Leave of court to amend pleadings shall be given freely. Fla. R. Civ. P. 1.190(a).
Carter v. Ferrell 666 So. 2d 556, (Fla. 2d DCA 1996). Wherefore, Plaintiffs move for leave to file and serve their attached amended complaint. WARREN GAMMILL & ASSOCIATES Attorney for Plaintiffs Suite 1050, Courthouse Tower 44 West Flagler Street Miami, Florida 33130 Tel: (305)579-0000 Fax:(305)371-6927 Primary e-mail: gammill@miamilawoffice.com Secondary e-mail: mdarce@miamilawoffice.com secretarv@miamilawoffice.com
By:
/s/Warren (p. Qammitt Warren P. Gammill Fla. Bar No. 151221 Madelin D'Arce Fla. Bar No. 55675
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail on Defendant Enrique Jose Varona, 14823 S.W. 125 Court, Miami, Florida 33186 on this
14th day of May, 2013.
/s/Warren <P. Gammitt Warren P. Gammill Madelin D'Arce

V:\Data2\LTA Logistics\Motion for Leave to Amend Complaint.docx
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WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 11-20527 CA 21 LTA LOGISTICS, INC., a Florida corporation, and LESTER TRIMINO, Plaintiffs,
v.
ENRIQUE JOSE VARONA, Defendant.
AMENDED COMPLAINT Plaintiffs LTA Logistics, Inc. (hereinafter "LTA") and Lester Trimino (hereinafter "Trimino"), by and through their undersigned counsel, sue Defendant Enrique Jose Varona as follows: General Allegations 1. Plaintiff LTA is a Florida corporation with a principal place of business in Miami-
Dade County, Florida. 2. 3. Plaintiff Lester Trimino is the president of LTA Logistics, Inc. Defendant Enrique Jose Varona is an individual who resides in Miami-Dade
County, Florida.
WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33130 . TEL, (3 (305) 579-0000
CASE NO.: 11-20527 CA 21 4. This is an action for injunctive relief and for damages exceeding $15,000
exclusive of interest, costs and attorney's fees.

1
5.
Venue is proper in this Court because the causes of action accrued in Miami-Dade
County, Florida. 6. LTA is a company that specializes in the acquisition and coordination of all types
of transportation throughout the United States and Canada, particularly in the transportation of heavy construction equipment, hydraulic excavators, wheel loader equipment and all other types of large equipment. 7. LTA's business and services are highly customer specific and customer-
dependent, involving a high degree of cultivated and well-developed customer relationships. The particular needs of LTA's customers is information that is not generally known in the freight transportation industry. v 8. On or about June 9, 2009, LTA hired Defendant to maintain and service certain of
LTA's customers. Defendant was responsible for acquiring and coordinating the shipment of LTA's customers' loads. \ 9. On or about November 5, 2009, LTA and Defendant entered into a Nondisclosure
and Nonsolicitation Agreement (hereinafter the "Agreement"), a copy of which is attached hereto as Exhibit 1. Among other things, the agreement prohibits Defendant from disclosing LTA's confidential information and from soliciting any of LTA's customers for two years after the termination of Defendant's employment with LTA. 10. Paragraph 6 of the Agreement provides that LTA "shall have the right to
injunctive relief to restrain and enjoin any threatened breach of this Agreement". It further provides that "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 remedy".
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CASE NO.: 11-20527 CA 21 11. 12. On or about March 2010, LTA terminated Defendant's employment. On or about March 2010, Defendant was hired by Landstar Logistics, Inc., which
is a direct competitor of LTA. 13. On or about June 24, 2010, Defendant posted a load on an Internet-load board at
www.getloaded.com, which is an online forum for advertising loads that are ready to be transported. Defendant advertised a load for a company that was a customer of LTA and for which Defendant had arranged for the transportation of loads when he worked for LTA. 14. Plaintiffs saw Defendant's post on the Internet-load board and notified Landstar
Logistics, Inc. that Defendant was in violation of his Agreement with LTA. 15. Promptly thereafter, Defendant launched oral and Internet campaigns to attack
LTA's and Trimino's reputation and credibility and to destroy Plaintiffs' business relationships. 16. Plaintiffs have engaged the undersigned attorneys to represent them in this action
and have agreed to pay them a reasonable fee for their services. COUNT I
Breach of Contract
17.
This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique
Jose Varona for damages in excess of $15,000 for breach of contract. 18. forth herein. 19. On or about November 5, 2009, LTA and Defendant entered into a Nondisclosure LTA incorporates the allegations set forth in Paragraphs 1-16 above as if fully set
and .Nonsolicitation Agreement (hereinafter the "Agreement"), a copy of which is attached hereto as Exhibit 1. 20. Paragraph 2 of the Agreement prohibits the Defendant from disclosing any of
LTA's confidential information for a period of two years after the termination of Defendant's
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CASE NO.: 11-20527 CA 21 employment with LTA. Pursuant to Paragraph 2, confidential information includes, but is 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". 21. Additionally, Paragraph 4 of the Agreement prohibits the Defendant from
soliciting any of LTA's customers for a period of two years after the termination of Defendant's employment with LTA. 22. Moreover, Paragraph 5 of the Agreement prohibits Defendant from making any
disparaging or defamatory comments or acts against LTA and specifically states that "any such comment or action would constitute a material breach" of the Agreement. . 23. On or about February 10, 2011, Defendant published on the Internet at
"blacklist.com" the following defamatory message: Lester Trimino. SOE (sic) Asshole in Miami who screws everyone, got an extensive rap sheet. This blog is intended for all victims of Lester Trimino and LTA Logistics, Inc. I believe the Customers should know the real truth behind the company. 24. On or about February 27, 2011, March 5, 2011, March 14, 2011 and April 5,
2011, Defendant published videos on the Internet at "youtube.com" which defamed the Plaintiffs. 25. Additionally, Defendant has published numerous blogs on the Internet containing
disparaging and defamatory statements about Plaintiffs, two of which were titled "LTA LOGISTICS LIAR LIAR PANTS ON FIRE AND DECEPTION FROM LTA LOGISTICS INC AND ITS VIOLENT OWNER" and "LTA LOGISTICS A TRUE OR FALSE QUIZ: TRUE OR FALSE YOU DECIDE LTA LOGISTICS INC AND ITS VIOLENT OWNER".
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CASE NO.: 11-20527 CA 21 26. following Most recently, from June 2012 to the present date, Defendant has published the defamatory statements about Plaintiffs on the Internet at
www.scribd.com/EnriqueVarona:
1. LTA LOGISTICS vs Enrique Varona (SLAPP lawsuit complaint to deprive Varona of his 1st amendment right of freedom of speech)
SLAPP Lawsuit complaint (Stratigic (sic) Lawsuit Against Public Participation) by unscrupulous truck broker company to silence whistleblower employee and keep him from posting YOUTUBE videos alerting the shipping public at large of the scams being perpetrated against them by these con artists racketeers.
2. LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

American hero whistleblower employee fights back and countersues LTA Logistics and its racketeer owners Lester Montana and Elvira Trimino.
7. LTA LOGISTICS vs. Enrique Varona (Varona Strikes LTA Affirmative Defenses)
Varona now embarks in an agreesive (sic) mode to gain the upperhand on the litigation, expose the deficient opposing parties procedures and to expose a pattern of malfeceance (sic) and corruption on behalf of the plaitiff (sic) and its counsel.
Copies of the publications are attached hereto as Composite Exhibit 2. 27. Defendant's use of LTA's confidential information in connection with his
employment with Landstar Logistics, Inc. constitutes a violation of the covenant of nondisclosure contained in Paragraph 2 of the Agreement.
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WARREN OAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21 28. Defendant's solicitation of LTA's customers as described herein above constitutes
a violation of the covenant of non-solicitation contained in Paragraph 4 of the Agreement. 29. Defendant's defamatory and disparaging statements about Plaintiffs as described
herein above constitute a violation of the covenant of non-disparagement contained in Paragraph 5 of the Agreement. 30. Defendant materially breached the Agreement by violating the covenants of
nondisclosure, non-solicitation and non-disparagement in the manners set forth above. 31. Paragraph 6 of the Agreement provides for an award to LTA of liquidated
damages from Defendant in the amount of $15,000 for each violation of the various covenants. 32. As a direct and proximate result of the Defendant's breach of the Agreement,
LTA has suffered and continues to suffer a negative impact to its existing and prospective business relationships. 33. Additionally, as a direct and proximate result of the Defendant's breach of the
Agreement, LTA has suffered and continues to suffer the loss of business from prospective customers and from its existing customers. 34. Furthermore, as a direct and proximate result of the Defendant's breach of the
Agreement, LTA has suffered and continues to suffer damages to its reputation and to that of its President Lester Trimino. 35. Moreover, as a direct and proximate result of the Defendant's breach of the
Agreement, LTA's confidential information has been disclosed to third parties who do not have a right to this information. 36. 37. As a result of Defendant's breach of the Agreement, LTA has been damaged. Pursuant to Paragraph 11 of the Agreement, LTA is entitled to an award of its
attorney's fees and costs in connection with this action to enforce the Agreement.
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CASE NO.: 11-20527 CA 21 Wherefore, Plaintiff LTA Logistics, Inc. prays for a judgment against Defendant Enrique Jose Varona for Plaintiffs liquidated damages of $15,000 for each violation of the various covenants of the contract, interest, attorney's fees, costs, and for such other and further relief as this Court may deem appropriate. COUNT II Tortious Interference with Business Relationships (Damages) 38. This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique
Jose Varona for damages in excess of $15,000 for tortious interference with a business relationship. 39. forth herein. 40. LTA has business and contractual relationships with numerous companies in LTA incorporates the allegations set forth in Paragraphs 1-16 above as if fully set
Florida and the United States of America. 41. Defendant, as a former employee of LTA, knew of the existence of LTA's
business relationships and had specific knowledge about the clients and business relationships of
LTA.
42. Defendant intentionally and unjustifiably interfered with LTA's existing business
relationships by launching an oral and Internet attack campaign against LTA and its President Lester Trimino. 43. On or about February 10, 2011, Defendant published on the Internet at
"blacklist.com" the following defamatory message: Lester Trimino. SOE Asshole in Miami who screws everyone, got an extensive rap sheet. This blog is intended for all victims of Lester Trimino and LTA Logistics, Inc. I believe the Customers should know the real truth behind the company.
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CASE NO.: 11-20527 CA 21 44. On or about February 27, 2011, March 5, 2011, March 14, 2011 and April 5,
2011, Defendant published videos on the Internet at "youtube.com" which defamed the Plaintiffs. 45. Additionally, Defendant has published numerous blogs on the Internet containing
disparaging and defamatory statements about Plaintiffs, two of which were titled "LTA LOGISTICS LIAR LIAR PANTS ON FIRE AND DECEPTION FROM LTA LOGISTICS INC AND ITS VIOLENT OWNER" and "LTA LOGISTICS A TRUE OR FALSE QUIZ: TRUE OR FALSE YOU DECIDE LTA LOGISTICS INC AND ITS VIOLENT OWNER". 46. following Most recently, from June 2012 to the present date, Defendant has published the defamatory statements about Plaintiffs on the Internet at
www. scribd. corn/Enrique Varona:

8
CASE NO.: 11-20527 CA 21
Copies of the publications are attached hereto as Composite Exhibit 2. 47. As a direct and proximate result of Defendant's tortious acts set forth above, LTA
has suffered and continues to suffer damages in the form of lost business and customers. 48. Furthermore, as a direct and proximate result of Defendant's tortious acts as set
forth above, LTA has suffered damages totaling $11,300 in payments to third parties for assistance in removing Defendant's defamatory Internet materials from Internet-search results. 49. damaged. 50. Defendant tortiously interfered with LTA's business relationships maliciously, As a direct and proximate result of Defendant's tortious acts, LTA has been
with a willful, wanton, callous and reckless disregard for LTA, its rights and the truth. 51. Defendant had actual knowledge of the wrongfulness of his actions and the high
probability that injury or damage to LTA would result and, despite that knowledge, intentionally pursued to defame and disparage LTA, resulting in injury or damage to it. Wherefore, Plaintiff LTA Logistics, Inc. prays for a judgment against Defendant Enrique Jose Varona for Plaintiffs damages, costs, and for such other and further relief as this Court may deem appropriate. COUNT III
Tortious Interference with a Business Relationship (Permanent Injunctive Relief)
52.
This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique
Jose Varona for damages for tortious interference with a business relationship.
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WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW. SUITE 1050. COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21 53. LTA incorporates the allegations set forth in Paragraphs 1-16 and 40-51 above as
if fully set forth herein. 54. Defendant's disparaging and defamatory statements will have a lasting and
permanent affect on LTA's business relationships and client base. 55. If Defendant continues to harass LTA and to post disparaging and defamatory
statements about LTA on the Internet, LTA will suffer irreparable harm. 56. As a direct and proximate result of Defendant's tortious interference with LTA's
business relationships, LTA has suffered and will continue to suffer damages to its business and to its reputation in an amount that cannot be quantified. 57. 58. LTA has no other adequate remedy at law. LTA has a clear legal right to operate its business without Defendant tortiously
interfering with its business relationships. 59. The threatened injury to LTA caused by Defendant's tortious interference
outweighs any threatened harm that an injunction may cause Defendant. 60. The issuance of an injunction will not disserve the public interest.
Wherefore, Plaintiff LTA Logistics, Inc. prays for a judgment against Defendant Enrique Jose Varona: a. enjoining Defendant from publishing any information about LTA
Logistics, Inc. and any of its employees or agents, including Lester Trimino and his family, on the Internet; b. enjoining Defendant from making any disparaging or defamatory
statements concerning LTA Logistics, Inc. or Lester Trimino; c. d. an award of costs; and such other and further relief as this Court may deem appropriate.
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WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAOLER STREET, MIAMI, FLORIDA 33130 TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21 COUNT IV Defamation (Libel) re LTA 61. This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique
Jose Varona for damages in excess of $15,000 for defamation based on statements that are libelous per se. 62. herein. 63. From June 2012 to the present date, Defendant has published the following LTA incorporates the allegations set forth in Paragraphs 1-16 as if fully set forth
defamatory statements about Plaintiffs on the Internet at www.scribd.com/EnriqueVarona:

LTA LOGISTICS vs. Enrique Varona (Varona Strikes LTA Affirmative Defenses)
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WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAOLER STREET, MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21
Copies of the publications are attached hereto as Composite Exhibit 2. 64. In his publication of the defamatory material on the Internet, Defendant falsely
states that LTA and its owner Trimino are deceitful and are engaged in illegal conduct consisting of scams, fraud and racketeering activities. 65. 66. The defamatory statements are false and defamatory per se. As a direct and proximate result of Defendant's malicious publication of the false
and defamatory-per-se statements, LTA's reputation has been severely damaged. 67. Additionally, as a direct and proximate result of Defendant's malicious
publication of the false and defamatory-per-se statements, LTA has suffered damages totaling $11,300 in payments to third parties for assistance in removing Defendant's defamatory Internet materials from Internet-search results. 68. Moreover, as a direct and proximate result of Defendant's malicious publication
of the false and defamatory-per-se statements, LTA has suffered and continues to suffer damages in the form of lost business and customers. 69. Furthermore, as a direct and proximate result of Defendant's malicious
publication of the false and defamatory-per-se statements, LTA has been damaged. 70. injuring LTA. 71. Defendant published the defamatory-per-se statements intentionally and Defendant published the defamatory statements maliciously and with the intent of
maliciously, with a willful, wanton, callous and reckless disregard for LTA, its rights and the truth.
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WARREN GAMMILL & ASSOCIATES, ATTORNEYS AT LAW, SUITE 1050, COURTHOUSE TOWER, 44 WEST FLAGLER STREET. MIAMI, FLORIDA 33130 . TEL. (305) 579-0000
CASE NO.: 11-20527 CA 21 72. Defendant had actual knowledge of the wrongfulness of publishing the
defamatory-per-se statements about LTA and the high probability that injury or damage to it would result and, despite that knowledge, intentionally published those statements, resulting in injury or damage to LTA. Wherefore, Plaintiff LTA Logistics, Inc. prays for a judgment against Defendant Enrique Jose Varona for its damages, costs, and for such other and further relief as this Court may deem appropriate. COUNT V Defamation (Libel) re Lester Trimino 73. This is an action by Plaintiff Lester Trimino against Defendant Enrique Jose
Varona for damages in excess of $15,000 for defamation based on statements that are libelous
per se.
74. Trimino incorporates the allegations set forth in Paragraphs 1-16 above as if fully
set forth herein. 75. From June 2012 to the present date, Defendant has published the following
defamatory statements about Plaintiffs on the Internet at www.scribd.com/EnriqueVarona:
LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

13
CASE NO.: 11-20527 CA 21
Copies of the publications are attached hereto as Composite Exhibit 2. 76. In his publication of the defamatory material on the Internet, Defendant falsely
states that LTA and its owner Trimino are deceitful and are engaged in illegal conduct consisting of scams, fraud and racketeering activities. 77. 78. The defamatory statements are false and defamatory per se. As a direct and proximate result of Defendant's malicious publication of the false
and defamatory-per-se statements, Trimino's reputation has been severely damaged. 79. Additionally, as a direct and proximate result of Defendant's malicious
publication of the false and defamatory-per-se statements, Trimino has been damaged in that the has suffered, and continues to suffer, from great mental anguish, depression, loss of sleep, loss of self-esteem, insecurity, uncertainty about the future of his business, embarrassment, humiliation, loss of enjoyment of life, severe anxiety and stress. 80. Also as a direct and proximate result of Defendant's malicious publication of the
false and defamatory-per-se statements, Trimino is suffering from the knowledge and the belief (a) that his relatives, his friends and acquaintances, the general public, prospective customers, his
14
CASE NO.: 11-20527 CA 21 business relations and his colleagues now have doubts and reservations about his integrity and no longer trust him, and (b) that his relationships with the foregoing have been seriously and permanently prejudiced and damaged, if not totally destroyed. 81. Furthermore, as a direct and proximate result of Defendant's malicious
publication of the false and defamatory-per-se statements, Trimino's marital relationship with his wife has been seriously stressed and damaged. He is no longer able to experience and share the same conjugal affection, happiness, open communication, patience and emotional support that he and his wife used to share before Defendant's malicious acts. 82. Trimino feels deeply embarrassed and humiliated about his being publicly
accused by Defendant of being a racketeer and of engaging in illegal conduct. His humiliation, loss of self-esteem and despondency has in turn adversely affected his and his wife's relationship and marriage. 83. As a direct and proximate result of Defendant's malicious publication of the false
and defamatory-per-se statements, Trimino has been damaged. 84. Defendant published the defamatory statements maliciously and with the intent of
injuring Trimino. 85. Defendant published the defamatory-per-se statements intentionally and
maliciously, with a willful, wanton, callous and reckless disregard for Trimino, his rights and the truth. 86. Defendant had actual knowledge of the wrongfulness of publishing the
defamatory-per-se statements about Trimino and the high probability that injury or damage to Trimino would result and, despite that knowledge, intentionally published those statements, resulting in injury or damage to Trimino.
15
CASE NO.: 11-20527 CA 21 Wherefore, Plaintiff Lester Trimino prays for judgment against Defendant Enrique Jose Varona for his damages, costs, and for such other and further relief as this Court may deem appropriate. WARREN GAMMILL & ASSOCIATES Attorney for Plaintiffs Suite 1050, Courthouse Tower 44 West Flagler Street Miami, Florida 33130 Tel: (305) 579-0000 Fax:(305)371-6927 Primary e-mail: gammill@miamilawoffice.com Secondary e-mail: mdarce@miamilawoffice.com secretarv@miamilawoffice.com
By:
/s/'Warren (p. Qammitt Warren P. Gammill Fla. Bar No. 151221 Madelin D'Arce Fla. Bar No. 55675
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail on Defendant Enrique Jose Varona, 14823 S.W. 125 Court, Miami, Florida 33186 on this _
, 2013.
/s/Barren <P. Qammitt

Warren P. Gammill Madelin D'Arce
V:\Data2\LTA LogisticsVAmended Complaint.docx
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EXHIBIT
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Pg. 1/3
LTA LOGISTICS, INC.

NONDISCLOSURE AND NONSOLICITATION AGREEMENT ("Agreement") THIS AGREEMENT is made and entered into this S day of ^fouîô^"^ , 2 0 ^ * 7 , by and between LTA
Logistics Incorporated, a Florida corporation, ["LTA or the Company"], and "[Associate's Name]").
RECITALS
^/t/vî/i-
l/zfOn^
(Employee or
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 Namej'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, the confidential information is (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 for a period of two years from when &MAt6)0<7~ relationship with LTA. i/Âa^^ terminates his or her
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
o
which cannot adequately be compensated by damages in an action at law. 2. employment with LTA and for a period of two (2) years from the voluntary or involuntary termination of
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that Employee will have access to trade secrets and confidential information belonging to LTA, the loss of COVENANT AGAINST DISCLOSURE OF CONFIDENTAL INFORMATION. During the term of Employee's 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. 3. NON-SOLICITATION OF EMPLOYEES. During the term of Employee's employment with LTA and for a period of two years from the termination of employment, regardless of the reason 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. 4. NON-SOLICITATION OF CUSTOMERS. During the term of Employee's employment with LTA and for a period of two years after termination of Employee's employment with LTA for any reason whatsoever, Employee shall not directly and indirectly solicit, induce, or attempt to induce any past or current customer of LTA with whom Employee had dealt or who were served 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. 5. 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. Employee further acknowledges and agrees that and any such comment or action would constitute a material breach of this Agreement. 6. REMEDIES. In addition to all of the remedies otherwise available to LTA , including, but not limited to, liquidated damages in the amount of $15,000.00 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 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 remedy. 7. 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. 8. 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
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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 fora 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 Florida. Venue of any action brought to enforce relating to this Agreement shall be brought exclusively in the Circuit court of Broward County, Florida. 11. 12. ATTORNEY'S FEES. On any efforts to enforce this Agreement, LTA is entitled to attorney's fees and costs, including appeals. 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 valid waiver 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.
IN WITNESS WHEREOF, LTA and [Associate's Name] have duly executed this Agreement as of the day and yeaf first writfen^bove.
LTA Logistics; Inc. / Signature
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LTA LOGISTICS V Enrique Varona (LTA New Attorneys & New Complaint)

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LTA LOGISTICS V Enrique Varona (LTA New Attorneys & New Complaint)

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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION

ENRIQUE JOSE VARONA, Defendant. RE-NOTICE1 OF HEARING (Motion Calendar)

PLAINTIFFS' AGREED MOTION FOR CONTINUANCE OF TRIAL

Re-Notice only as to Plaintiffs' Motion for Leave to Amend Complaint.

CASE NO. 11-20527 CA 21

14th day of May, 2013.

/s/Warren <P. Gammitt Warren P. Gammill Madelin D'Arce

exclusive of interest, costs and attorney's fees.

This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique

2. LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

www. scribd. corn/Enrique Varona:

2. LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

CASE NO.: 11-20527 CA 21

This is an action by Plaintiff LTA Logistics, Inc. against Defendant Enrique

defamatory statements about Plaintiffs on the Internet at www.scribd.com/EnriqueVarona:

2. LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

CASE NO.: 11-20527 CA 21

defamatory statements about Plaintiffs on the Internet at www.scribd.com/EnriqueVarona:

LTA LOGISTICS vs Enrique Varona (Defendants Counter claim)

CASE NO.: 11-20527 CA 21

/s/Barren <P. Qammitt

LTA LOGISTICS, INC.

LTA Logistics; Inc. / Signature

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