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; ; ORlQ/NAt

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NOV./92012
IN THE OFFICE -

C/RCU/T COURT rfc" Enrique Varona, Defendant,

DEFENDANT ENRIQUE VARONA MOTION FOR CONTINUANCE OF TRIAL SET FOR DECEMBER 10. 2012

Defendant Enrique Varona who is sui juris and acting pro se in this cause of action and pursuant to applicable rules of the Florida Rules of Civil Procedure file this motion for continuance of trial and states the following; 1. Trial in this matter is set for December 10, 2012 at 9:00 a.m. defendant never

agreed to this date for trial nor was he consulted on this matter by plaintiff. 2. Pursuant to agreement of the parties and as instructed by the honorable Judge Marcia Caballero on October 22, 2012, defendant submitted a revised request of production, clarification of request of admissions to questions 3 & 4, notice of perjury to plaintiff on November 16, 2012. 3. The Court has served an Order of compliance on the revised request of production and clarification of request of admissions 3 & 4 on plaintiff, he will have ten days to reply to the order as per rules of F.R.C.P.

4. Defendant revised request of production and clarification of admissions 3 & 4, seek to identify witnesses for deposition that are essential as they have first hand knowledge of the issues related to defendants case and defense. 5. A trial date of December 10, 2012 less than ten days after plaintiff due date

for submitting his answers (if he complies with the courts order) to the request of production and clarification of request of admissions 3 & 4, leaves or creates a time frame which makes it impossible for defendant to serve and/or depose witnesses for trial and/or issue subpoenas as required under discovery rules. 6. Defendant has notified plaintiffs counsel and he does not oppose this motion for continuance of trial. Wherefore, in the interest of justice defendant request this court to enter an order granting this motion for continuance of trial for those reason set forth herein.

CERTIFICATE OF SERVICE

I hereby, certify that a true and correct copy of the foregoing was served by email and US Mail upon Scott Egleston, P. A. Attorney for plaintiff at 12000 Biscayne Blvd, Suite #220 Miami, Florida 33181 on Monday November 19, 2012. tfully Submitted by,

L/
ique Varona sui juris

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. A Florida corporation, and LESTER TRIMEVO, et a/., Plaintiff,

Vs.
Enrique Varona,

MEMORANDUM OF LAW NOTICE OF FELONY AFFIDAVIT The defendant, Enrique Varona proceeding S/ Juris and acting Pro se in this

matter and by virtue of possessing firsthand knowledge of the facts and actions stated below hereby serves this NOTICE OF FELONY AFFIDAVIT to this court pursuant to Title 18 United States Code. Part I. Chapter 1. 4 which states:

"Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

STATEMENT OF FACTS REGARDING PLAINTIFF'S FRAUD UPON THE COURT 1. The defendant Enrique Varona, (from hereon, "The defendant") acting on

information and belief declares the following. On November 15, 2012 The attorney for the plaintiff in this action Mr. Scott Egleston P.A. Florida Bar No. 883425 (from hereon, "plaintiff counsel") was directed by the court to attend an order setting conference in preparation for trial as well as to come into compliance with

F.R.C.P. 1.200(b). 2. The defendant believed that he was not required to attend the order setting conference as he is not an ATTORNEY, but is proceeding Sui Juris, and acting Pro se in this action. The defendant construed the courts notice literally and inferred that this was an ex-parte meeting between Bar certified attorneys and the judge. 3. On information and belief the defendant alleges that the plaintiff counsel

informed the judge that the parties had agreed to settle the case and that it was ready to proceed to trial, that a set for trial date of December 5th 2012 would be acceptable to both parties and the court so noted on the docket. 4. The fact is that the defendant never agreed to any settlement with the opposing counsel, the defendant was never consulted or told of any settlement agreement by the opposing counsel, the defendant was never consulted nor did he agree to a setting of trial date on December 5th, 2012, setting of trial on that date. the defendant was never notified of a

5. As a result of a courtesy visit by the defendant to the judge's chambers did the defendant learn about a setting of the trial scheduled for December 10, 2012. The defendant filed a motion for continuance of trial and for a hearing with the judge. On Tuesday, December 4, 2012 the bailiff informed the defendant that the setting

of trial was set for the 5th (the next day) and not the 10th of December as he had been told. 6. On information and belief is that the plaintiff counsel by telling the court the case had been settled and by requesting a setting of trial on December 5th, 2012

and by failing to notify the defendant acted in bad faith and was negligent towards the defendant. These desperate and fraudulent actions by the plaintiff counsel were part of a scheme to secure a default judgment against the defendant.

STATEMENT OF FACTS REGARDING PLAITIFF AND ITS COUNSEL OBSTRUCTION OF JUSTICE

7. The defendant repeats and re-alleges the foregoing as if the same were fully set forth at length herein. 8. Since August 18, 2011 the defendant following rules of procedure has filed several motions that seek production of documents that are essential to his defense as they are exculpatory in nature, documents that identify witnesses with firsthand knowledge of the facts, witnesses that would have to be deposed in preparation for trial, these are documents that may establish the facts regarding the allegations contained in the plaintiff complaint and that support the defendant's counterclaim.

9. The plaintiff counsel has refused to produce this information and in doing so is in violation of the defendants 4l amendment due process right since " ...due process requires an opportunity to confront and cross-examine adverse witnesses". E. g., ICC v. Louisville & N. R. Co., 227 U.S. 88, 93 -94 (1913); Willner v. Committee on Character & Fitness, 373 U.S. 96, 103 -104 (1963). Goldberg v. Kelly, 397 U.S.254 (1970). 10. The plaintiff and its counsel by failing to produce ANY evidence in support of their own complaint are committing fraud upon the court and are in breach of their fiduciary obligation to the defendant as ""fraud upon the court includes the

deliberate concealment of material information in a setting of fiduciary obligation" see United States v. Dial, 757 F.2d 163, 168 (7th Cir. 1985). 11. To date only a request for admissions has been answered by the plaintiff and it turned out to be sham since "A "sham pleading", is one that is good in form, but false in fact, and not pleaded in good faith." Scott v. Meek, 228 S.C. 29,88 S.E. 2d 768, 769. Due to the plaintiff filing false answers for interrogatories 1, 3, and 4,

of the request of admissions the plaintiff has committed fraud and deceit upon the defendant " ...failure to state the true facts when such statement is legally required, to the detriment of the one relying upon such conduct... " can be termed "fraud and deceit", as per Atilus v. United States. 406 F.2d 694, at 698. 12. The plaintiff and its counsel by failing to provide any evidence in support of their allegations, by lying to the court about the defendant's position on the settling of the case and by failing to inform the defendant of the official court schedule have engaged in fraud upon the court as defined by the 7th Circuit Court of Appeals

"embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud penetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication. "Kennerv. C.I.R.. 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2ded.,p. 512, f 60.23.

STATEMENT OF FACTS REGARDING PLAINTIFF CRIMES AGAINST JUSTICE 13. The defendant repeats and re-alleges the foregoing as if the same were fully set forth at length herein. 14. The plaintiff and its counsel are in violation of Section 914.22(l)(f) of the Florida code, by misrepresenting the facts at the order setting conference and by engaging in "misleading conduct" toward the defendant with intent to deny him testimony from witnesses at trial an "official proceeding". 15. The plaintiff and its counsel are in violation of Section 918.13 of the Florida code. By engaging in a pattern of concealing evidence with the "purpose to impair its verity or availability" at trial, an "official proceeding". 16. The plaintiff and its counsel are in violation 772.103(4) Florida code engaging in evidence concealment and witness tampering. 17. The plaintiff and their counsel are now liable for racketeering prosecution as the listed violations cited above in Paragraph 1 and 2 are predicate acts of U.S.C. $ 1964fc). and Florida RICO. Title 45. S 772.104(1): 18. The Plaintiff and its counsel are in violation o f l S U S C 1512 Tampering with a witness, victim, or an informant fBl2')(AB)(C)(D'). RICO. 18

19. The plaintiff and its counsel are in violation of Title 42 1983 Depravation of civil rights under color of law. for fabrication/concealment of evidence,

malicious prosecution for filing a SLAP lawsuit against the defendant, first amendment retaliation for defendants exercise of his free speech and opinions in the internet, retaliatory inducement to prosecute, obstruction of due process / stigma plus, violations of common law rights and violations of defendants first, fourth and fourteenth amendment rights. 20. The plaintiff and its counsel for the reasons stated in paragraph 21 are in violation of Title 42 1985 Conspiracy to deprivation of civil rights under color of

law.
21. The plaintiff and its counsel are in violation of Title 18USC 891-894 because the defendants rights are his property and every act of the plaintiff to seize or take property without due process of law is nothing more than "Extortionate Credit Transactions" to take that which does not belong to them by threats, intimidation and coercion. 22. The plaintiff and its counsel are in violation of F.R.C.P. rule 11 and 28 USCA $ 1746 by certifying circumstances by signing pleadings and other documents which are false as they are intended to mislead the court have committed perjury. 23. The plaintiff and its counsel are in violation of Title 17 U.S.C. $ 512(f).

Misrepresentation of copyright by asserting and certifying to the court that they have a copyright license as evidenced in their response to interrogatories 3 & 4 to the defendants request of admissions

24. The plaintiff and its counsel are in violation of Title LXX Crimes Ch. 4. 5407 which states: " If two or more persons in any State or Territory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. [See 1977-1991, 2004-2010, 5506-5510.]" 25. The Plaintiff and its counsel are in violation of TITLE 18 PART 1 CHAPTER 47 1001 Statements or entries generally which states:

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact: (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be liable ..

26. The plaintiff and its counsel are in violation of Statute at Large 1997. ch 45. A 10: Statute at Large 2005. ch 120. AS 228. For filing a frivolous lawsuit

constituting a legal harassment of the defendant, which states:

(Text of section effective July 1, 2006) Harassment by threat of fraudulent legal proceedings or liens prohibitedMisdemeanorSubsequent violation felony. Any person who harasses any other person by sending or delivering, or causing to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand that simulates any form of court or legal process and that threatens the other person, directly or indirectly, with incarceration, monetary fines, or penalties, or with the imposition of a counterfeit lien on the real or personal property of the other person is guilty....

29. The plaintiff and its counsel are also liable to the defendant for violation of Title 18 USC. Sec 242 and Sec 245 which states:

(A) Sec 242, "...whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, vrivileees. or immunities secured or protected by the Constitution of laws of the United States shall be fined under this title or imprisoned not more than one year, or both", and, (B) Sec 245, provided that, "...whoever, whether or not acting under color of law, intimidates or interferes with any person from participatim in or enioyins any benefit, service, privilege, prosram. facility, or activity provided or administered by the United States; [or] applying for or enjoying employment, or any perquisite thereof, bv any agency of the United States; shall be fined under this title, or imprisoned not more than one year, or both", and,...

IN WITNESS WHEREOF, I, Enrique Varona, Sui Juris, solemnly affirm and verify that I have read the foregoing, and know its contents to be true to the best of my knowledge, except as to the matters which are therein stated on my information or belief, and as to those matters, I believe them to be true. This instrument is submitted upon good faith effort that is grounded in fact, warranted by existing law for the modification or reversal of existing law and submitted for proper purposes, and not to cause harassment and unnecessary delay or costs, so help me God. See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).
?

:lare under penalty of perjury, under the laws of the STATE OF LORIDA, that the foregoing is true and correct:

I Enriflue Varona, Sui Juris 14823-W 125 Court Miami, Florida 33186 On this day came before me the Affiant, a living flesh and blood man/woman to oath and attest and affirm the signature is true, complete, and correct on the foregoing affidavit. Enrique Varona, the above signed, who is personally known by me or upon proper oath and identification, personally came before me, the subscriber, a notary public in and for said Miami-Dace County and the State of Florida, and Duly Affirmed the truth of the foregoing Affidavit in my presence. The Affiant also acknowledged the signing thereof to be his own voluntary act and deed, signing the within instrument in my presence and for the purpose therein stated.

Date: (2 Identification provided:

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NOTARYPUBLIC-STATE OF FLORIDA
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Notice to agent is notice to principal, notice to principal is notice to agent. F.R.C.P. rule 8(d) shall apply in full force to this AFFIDAVIT.