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IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

LTA LOGISTICS, INC., a Florida corporation, and LESTER TRBVflNO GENERAL JURISDICTION DIVISION Plaintiff,

CASENO.: 1 1 - 2 0 5 2 7 CA 2 1
V.

ENRIQUE JOSE VARONA, Defendant VERIFIED COMPLAINT FOR DAMAGES. EMERGENCY PETITION FOR TEMPORARY INJUNCTION AND FOR PERMANENT INJUNCTION Plaintiff, LTA LOGISTICS, INC., and LESTER TRBVflNO files this Verified Complaint for Damages, Emergency Petition for Temporary Injunction and for Permanent Injunction, ("Verified Complaint") against Defendant, ENRIQUE JOSE VARONA, individually and alleges as follows: PARTIES 1. Plaintiff, LTA LOGISTICS, INC., is a Florida corporation with a principal

place of business at 14331 SW 120th Street Suite 203 Miami Florida 33186. 2. 3. Plaintiff, LESTER TRIMINO is the President of LTA LOGISTICS INC. Defendant, ENRIQUE JOSE VARONA, is an individual who is sui juris

and to the best knowledge and belief works and/or resides in Miami-Dade County, Florida. JURISDICTION AND VENUE 4. This is an action seeking temporary and permanent injunctive relief and

damages in excess of Fifteen Thousand Dollars (15,000.00), exclusive of interest, costs, and attorneys' fees, arising from the Defendant's tortuous and systematic interference with LTA's existing and potential business relations. 5. Venue is proper in this Court because the causes of action accrued in

Miami Dade County Florida and the Plaintiff and Defendants reside in and/or conduct business in Miami-Dade County, Florida. GENERAL ALLEGATIONS 6. LTA Logistics Inc., is a company that specializes in the acquisition and

coordination of all types of transportation throughout the United States and Canada. LTA Logistics Inc. specializes in the transportation of heavy construction equipment, hydraulic excavators, wheel loader equipment and all other types of large equipment, from any point in the United States including Canada. 7. 8. 9. 10. LTA's Logistics Inc. business and services are highly customer specific. The Defendant was previously employed by LTA Logistics in June of 2009. The Defendant was employed by the Plaintiff for approximately eight months. Prior to the defendant's employment, the defendant executed a Nondisclosure and

Non-Solicitation Agreement which prohibited the defendant from soliciting any of the Plaintiffs customers for a period of two years hi the event that the defendant would be terminated from his employment with LTA Logistics. 11. The defendant's employment was terminated by the Plaintiff. The defendant

was subsequently employed by a direct competitor of LTA Logistics. The competitpr's name is Landstar Logistics, Inc. The defendant was subsequently terminated from employment with Landstar Logistics Inc.

12.

Since the defendant's termination from Landstar Logistics, the defendant has

intentionally and systematically made false and misleading statements concerning LTA Logistics Inc. The defendant has intentionally and systematically made false and misleading statements about the President of LTA Logistic Inc. The defendant has been making theses statements not only orally but by posting theses false and misleading statements on the Web. 12. Beginning in June 2009, VARONA, individually launched a verbal and internet

attack campaign against LTA Logistics Inc. and the President of LTA Logistic Inc., Lester Trimino in a blatant effort to disrupt and interfere with LTA Logistic Inc. business relationships and in a blatant effort to tarnish the reputation of LTA Logistics Inc. and the President Lester Trimino. 13. The Defendant specifically listed a blog Titled LTA LOGISTICS LIAR LIAR

PANTS ON FIRE. LIES AND DECEPTION FROM LTA LOGISTICS INC AND ITS VIOLENT OWNER. 14. The Defendant again listed another blog Titled LTA LOGISTICS A TRUE OR

FALSE QUIZ: TRUE OR FALSE YOU DECIDE LTA LOGICSTICS INC AND ITS VIOLENT OWNER. 15. The Defendant has continued to post these blogs on the Web with the intent to

damage the business relationship LTA Logistics Inc. has with their customers and with the intent to damage and tarnish the reputation of LTA Logistics Inc. and the President Lester Trimino. (See affidavit of Lester Trimino attached hereto as exhibit "A") 16. In an effort to minimize the damage that the defendant is causing the Plaintiff has

been deleting said blogs hi an effort to preserve the Plaintiffs reputation in the industry. The Plaintiff receives much of its business from advertising on the internet and these direct assaults are having an adverse impact on the defendant's business.

17.

This type of harassing and threatening behavior has systemically persisted

for months and has been carried out by the defendant. ENRIQUE JOSE VARONA. 18. The Defendant's unjustified actions have caused damage to LTA Logistics Inc.

business relationships and has caused damage to the reputation of The President of LTA Logistics Lester Trimino and the company itself. 19. As a direct and proximate result of the Defendant's reckless, dangerous

and inexcusable behavior, LTA Logistics Inc., has lost sales and other revenue and will continue to lose future sales and earnings unless this behavior is stopped. 20. LTA Logistics Inc., has retained the undersigned counsel to represent it in

this action and is obligated to pay a reasonable fee for their services on its behalf, as well as costs incurred. 22. All conditions precedent to bringing this action have been satisfied,

performed, or waived.

COUNTI TEMPORARY AND PERMANENT EVJUNCTIVE RELIEF 23. LTA Logistic Inc re-alleges and incorporates by reference the allegations in

paragraphs 1 through 22 as though fully set forth herein. 24. To date, the owners, employees and agents of LTA Logistics fear

that the continued harassment by the defendant will have a lasting and permanent affect on the companies business relationships and client base. As a direct result of this unwarranted and unjustified harassing actions by the defendant the reputation of LTA Logistics Inc., and the President Lester Trimino are being damaged. See Affidavit of Lester Trimino attached hereto as Exhibit "A".

25.

LTA Logistics Inc. is without an adequate remedy at law and will continue to

suffer irreparable harm if the Defendant is not enjoined, including but not limited to, the continued and potential loss of sales and goodwill of the corporation. 26. LTA Logistics Inc. and its employees have a clear legal right to the relief

requested, i.e. to operate its business without the unrelenting constant attacks being thrown at the Plaintiffs. 27. 28. LTA Logistics Inc. has a substantial likelihood of success on the merits. Enjoining ENRIQUE VARONA will prevent LTA LOGISTICS INC., from

losing additional sales, income, and longstanding lucrative business relations and the entry of an injunction will not disserve or affect the public interest. WHEREFORE, LTA LOGISTIC INC., a Florida corporation, and Lester Trimino President of LTA Logistics demands judgment against Defendant, ENRIQUE JOSE VARONA, for a temporary and permanent injunction declaring the foregoing conduct of Defendant, ENRIQUE JOSE VARONA to be unlawful, enjoining Defendant, ENRIQUE JOSE VARONA from continuing to engage in such conduct, including harassing, approaching, associating, threatening or communicating by any means, with any owner, employee, or agent of LTA Logistic Inc., and by immediately ceasing any further posting on the Web as it relates to LTA Logistics Inc. and Lester Trimino as well as its reasonable attorneys' fees and costs and any such other and further relief as this Court deems just and proper. COUNTH TORTUOUS INTERFERENCE WITH BUSINESS RELATIONS 29. LTA Logistics re-alleges and incorporates by reference the allegations in

Paragraphs 1 through 22 as though fully set forth herein. 30. Both a business and contractual relationship exist between LTA Logistics Inc

and numerous companies throughout Miami Dade County and the United States. 31. The Defendant ENRIQUE JOSE VARONA was previously employed by LTA

Logistics and as such had specific knowledge about the clients and business relationships of the Plaintiff and how the Plaintiff advertised to secure those clients and how they advertised to secure future clients. 32. The Defendant, ENRIQUE JOSE VARONA has intentionally and unjustifiably

interfered with the existing relationships Plaintiff has with its clients by intentionally and recklessly launching a verbal and internet attack campaign against LTA Logistics and the President Lester Trimino. 33. As a result of the above internet attacks by ENRIQUE JOSE VARONA,

LTA Logistics has lost sales and revenue. This will continue unless this behavior is stopped. 34. Plaintiff reserves the right to seek punitive damages against the Defendant

set forth herein. WHEREFORE, Plaintiffs, LTA Logistics Inc., a Florida Corporation and Lester Trimino President of LTA Logistics, demands judgment against Defendant, ENRIQUE JOSE VARONA, for (1) damages, including lost profits and consequential damages; (2) prejudgment interest; (3) Plaintiffs reasonable attorneys' fees and costs; and (4) any such other and further relief as this Court deems just and proper.
fK Date: June/'/ ,2011.

Respectfully submitted, SCOTT EGLESTON 12000 Biscayne Boulevard Suite 220 North Miami, Florida 33181 Tel: (305) 892-8088

IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA LTA LOGISTICS, INC., a Florida corporation, and LESTER TRIMINO GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: ENRIQUE JOSE VARONA, Defendant. AFFIDAVIT OF LESTER TRIMINO STATE OF FLORIDA COUNTY OF MIAMI DADE ) ) SS )

LESTER TRIMINO being duly sworn deposes and says 1. I am over the age of 18 2. I am the President of LTA Logistics Inc., a Florida Corporation. 3. That Enrique Jose Varona was previously employed by LTA Logistics Inc. 4. That prior to the defendant's employment with LTA Logistics Inc., the defendant executed a Nondisclosure and Non solicitation agreement which prohibited the defendant from soliciting any of the Plaintiffs customers for a period of two years in the vent that the defendant would be terminated from his employment with LTA Logistics. 5. That the defendant was subsequently terminated from his employment with the Plaintiff.

6. Subsequent to the defendants termination of his employment the defendant has systematically and intentionally made false and misleading statements concerning LTA Logistics Inc. 7. Since the defendant's termination of employment the defendant has launched a verbal and internet attack campaign against LTA Logistics. 8. This attack campaign is having an adverse impact of the business relations and relationships of LTA Logistics. 9. This internet attack campaign is damaging the reputation of LTA Logistics and the President of LTA Logistics. 10. The above statements are made under the penalty of perjury. FURTHER THE AFFIANT SAYETH NAUGHT.

Lester Trimino

'U

The foregoing was acknowledged sworn and subscribed before me this

day of

June 2011 by Lester Trimino president of LTA Logistics who is personally known to me or has produced^ A. oath. as identification and who did take an

My Commission Expires:

Notary Public State of


IMMACULADA FERNANDEZ

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\ Notary Public - State of Florida I My Comm Expires Nov 19,2012


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Commission # DO 839657 Bonded Througn National Notary Assn.

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Fax: (305) 892-9562

Bv:. SCOTT EGLESTON Florida Bar No.: 883425

VERIFICATION STATE OF FLORIDA COUNTY OF MIAMI-BADE ) ) )

I, Lester Trimino President of LTA Logistics Inc., hereby declare and affirm that the factual averments contained in the foregoing Verified Complaint are true and correct to the best of my knowledge, information, and belief. Dated this day of June / ' 2011.

IMMACULADA FERNANDEZ Notary Public -State of Florida My Comm. Expires Nov 19, 2012 Commission # DO 839657 Rnnrtd Through National Notary ten

Notary Public, State of My commission expires:

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