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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

Case No. 2015-CA-7552

Complex Business Litigation Court THE MSA CARD, LLC, a Florida limited liability company, Plaintiff, vs. ADRIANO SILVA, Defendant. ______________________________/ RESPONSE TO ADRIANO SILVA’S FIRST REQUEST FOR ADMISSIONS

OF FACTS DIRECTED TO THE MSA CARD, LLC

COMES NOW, Plaintiff, The MSA Card, LLC (“MSA” or “Plaintiff”), by

and through its undersigned counsel, and pursuant to Rule 1.370, Florida Rules of

Civil Procedure, hereby responds to Defendant, Adriano Silva's (“Silva” or

“Defendant”), First Request for Admissions of Facts Directed to The MSA Card,

LLC, and states as follows:

GENERAL OBJECTIONS

In addition to any objection specifically raised by MSA to a particular

admission request, MSA also makes the following objections to each and every

admission request made by Defendant, and incorporates by reference each

objection into each response as if fully set forth therein:

Filing # 37440931 E-Filed 02/04/2016 05:00:38 PM

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1. MSA objects to any and all admissions to the extent that they seek

information containing communications or other matters protected by the

attorney/client privilege, the work product doctrine or any other applicable

privilege, and to the extent that any request seeks information which is beyond the

scope of discovery permitted under the Florida Rules of Civil Procedure. Any

inadvertent disclosure of such information shall not be deemed a waiver of such

privilege.

2. MSA objects to all admission requests to the extent that they are not

within its knowledge or are within the knowledge of other parties or non-parties to

this litigation, including any information relevant to its attorneys, investigators,

agents, employees, or other representative of it and its attorneys. Such a request

seeks to require more than the obligation imposed by law and would subject MSA

to unreasonable and undue annoyance, oppression, burden and expense, and would

require MSA to waive applicable privileges.

RESPONSES TO REQUESTS FOR ADMISSIONS

1. MSA denies the allegations contained in Request for Admission No.

1.

2. MSA objects to Request for Admission No. 2, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

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time, MSA denies the allegations contained in Request for Admission No. 2, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

3. MSA objects to Request for Admission No. 3, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 3, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

4. MSA objects to Request for Admission No. 4, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 4, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

5. MSA objects to Request for Admission No. 5, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 5, and

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reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

6. MSA objects to Request for Admission No. 6, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 6, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

7. MSA objects to Request for Admission No. 7, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 7, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

8. MSA objects to Request for Admission No. 8, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 8, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

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9. MSA denies the allegations contained in Request for Admission No.

9.

10. MSA objects to Request for Admission No. 10, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 10, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

11. MSA objects to Request for Admission No. 11, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 11, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

12. MSA objects to Request for Admission No. 12, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 12, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

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13. MSA objects to Request for Admission No. 13, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 13, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

14. MSA objects to Request for Admission No. 14, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 14, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

15. MSA denies the allegations contained in Request for Admission No.

15.

16. MSA denies the allegations contained in Request for Admission No.

16.

17. MSA objects to Request for Admission No. 17, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 17, and

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reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

18. MSA denies the allegations contained in Request for Admission No.

18.

19. MSA denies the allegations contained in Request for Admission No.

19.

20. MSA denies the allegations contained in Request for Admission No.

20.

21. MSA denies the allegations contained in Request for Admission No.

21.

22. MSA objects to Request for Admission No. 22, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 22, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

23. MSA objects to Request for Admission No. 23, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 23, and

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reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

24. MSA objects to Request for Admission No. 24, as it is not relevant to

the current issues in this litigation, and not reasonably calculated to lead to the

discovery of admissible evidence. To the extent that a response is required at this

time, MSA denies the allegations contained in Request for Admission No. 24, and

reserves the right to amend or supplement to the extent this becomes a relevant

issue in the litigation.

25. MSA denies the allegations contained in Request for Admission No.

25.

26. MSA denies the allegations contained in Request for Admission No.

26.

27. MSA denies the allegations contained in Request for Admission No.

27.

28. MSA denies the allegations contained in Request for Admission No.

28.

29. MSA denies the allegations contained in Request for Admission No.

29.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 4, 2016, a true and correct copy of

the foregoing was filed with the Clerk of Court by using the Florida Courts E-

Filing Portal which will send notice of electronic filing and complete service of the

foregoing as required by Fla. R. Jud. Admin. 2.516 to George E. Carr, Esquire

(gcarr6052@gmail.com); CPLS, PS, 201 E. Pine St., Suite 445, Orlando, FL

32801; David H. Popper, Esquire (DPopper@southmilhausen.com), South

Milhausen, P.A., 1000 Legion Place, Suite 1200, Orlando, Florida 32801; and J.

Timothy Schulte, Esquire, (tschulte@zkslawfirm.com) Zimmerman, Kiser,

Sutcliffe, P.A., 315 E. Robinson Street, Suite 600, Orlando, Florida 32801.

/s/ Howard S. Marks

HOWARD S. MARKS Florida Bar Number: 0750085 Email: hmarks@burr.com Secondary: dmmorton@burr.com

BURR & FORMAN LLP 200 S. Orange Avenue, Suite 800 Orlando, Florida 32801 Telephone: (407) 540-6600

Attorneys for Plaintiff