IN THE CIRCUIT OF THE 1 1™JUDICIAL CIRCUIT IN AND FORMIAMI-DADE COUNTY, FLORIDA

LTA LOGISTICS, INC. and GENERAL JURISDICTION DIVISIONLESTER TRIMINO

CASE NO.: 2010-59330 CA 10Plaintiff

ENRIQUE VARONA,Respondent

I

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 currentSB-

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 ani -

attack 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 Trimino2. Annette Trimino3. Todd Osipiak4. Sebastian Nandino5. Jerry Mugar6. Richard Rojas7. Carlos Gonzalez8. Miriam Romero9. Michael Mitrani10. Myriam Arango11. William Zafra12. Esteban Lopez13. Luis Coello14. Magda Coppola15. Leticia Gonzalez16. Jeffrey Rodriguez17. Dean Huffman18. Eric Diaz19. Krystal Perez20. Roger Tabares21. Miguel MilianThe 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 33186-

7297)

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, ESQUIREBrickell Bay Office Tower1001 Brickell Bay Drive St., 1200Miami, Florida 33131Tel: (305) 892-8088Fax:(305)892-9562Email: scott@eglestonlegal.com

By:SCOTT EGLESTFlorida Bar No.: 883425