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. Plaintiff Lester Trimino is the president of LTA Logistics, Inc.

CASE NO.: 11-20527 CA 21 3. Defendant Enrique Jose Varona is an individual who resides in Miami-Dade

County, Florida. 4. This is an action for injunctive relief and for damages exceeding $15,000

exclusive of interest, costs and attorneys fees. 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. LTAs 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 LTAs customers is information that is not generally known in the freight transportation industry. 8. On or about June 9, 2009, LTA hired Defendant to maintain and service certain of

LTAs customers. Defendant was responsible for acquiring and coordinating the shipment of LTAs 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 LTAs confidential information and from soliciting any of LTAs customers for two years after the termination of Defendants 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 2

CASE NO.: 11-20527 CA 21 provides that all of LTAs remedies for breach of this Agreement shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedy. 11. 12. On or about March 2010, LTA terminated Defendants 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 Defendants 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

LTAs and Triminos 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.

CASE NO.: 11-20527 CA 21 20. Paragraph 2 of the Agreement prohibits the Defendant from disclosing any of

LTAs confidential information for a period of two years after the termination of Defendants 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 LTAs customers for a period of two years after the termination of Defendants 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. SOB 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

CASE NO.: 11-20527 CA 21 AND ITS VIOLENT OWNER and LTA LOGISTICS A TRUE OR FALSE QUIZ: TRUE OR FALSE YOU DECIDE LTA LOGISTICS INC AND ITS VIOLENT OWNER. 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.

CASE NO.: 11-20527 CA 21 27. Defendants use of LTAs 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. 28. Defendants solicitation of LTAs customers as described herein above constitutes

a violation of the covenant of non-solicitation contained in Paragraph 4 of the Agreement. 29. Defendants 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 Defendants 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 Defendants 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 Defendants 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 Defendants breach of the

Agreement, LTAs confidential information has been disclosed to third parties who do not have a right to this information. 6

CASE NO.: 11-20527 CA 21 36. 37. As a result of Defendants breach of the Agreement, LTA has been damaged. Pursuant to Paragraph 11 of the Agreement, LTA is entitled to an award of its

attorneys fees and costs in connection with this action to enforce the Agreement. 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, attorneys 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 LTAs

business relationships and had specific knowledge about the clients and business relationships of LTA. 42. Defendant intentionally and unjustifiably interfered with LTAs 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: 7

CASE NO.: 11-20527 CA 21 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. 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.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. 8

CASE NO.: 11-20527 CA 21

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. 47. As a direct and proximate result of Defendants 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 Defendants tortious acts as set

forth above, LTA has suffered damages totaling $11,300 in payments to third parties for assistance in removing Defendants defamatory Internet materials from Internet-search results. 49. damaged. 50. Defendant tortiously interfered with LTAs business relationships maliciously, As a direct and proximate result of Defendants 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.

CASE NO.: 11-20527 CA 21 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. 53. LTA incorporates the allegations set forth in Paragraphs 1-16 and 40-51 above as

if fully set forth herein. 54. Defendants disparaging and defamatory statements will have a lasting and

permanent affect on LTAs 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 Defendants tortious interference with LTAs

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 Defendants 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; 10

CASE NO.: 11-20527 CA 21 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. 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:

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. * * 11 *

CASE NO.: 11-20527 CA 21

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. 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 Defendants malicious publication of the false

and defamatory-per-se statements, LTAs reputation has been severely damaged. 67. Additionally, as a direct and proximate result of Defendants 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 Defendants defamatory Internet materials from Internet-search results. 68. Moreover, as a direct and proximate result of Defendants 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 Defendants malicious

publication of the false and defamatory-per-se statements, LTA has been damaged. 70. injuring LTA. 12 Defendant published the defamatory statements maliciously and with the intent of

CASE NO.: 11-20527 CA 21 71. Defendant published the defamatory-per-se statements intentionally and

maliciously, with a willful, wanton, callous and reckless disregard for LTA, its rights and the truth. 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:

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. 13

CASE NO.: 11-20527 CA 21

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. 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 Defendants malicious publication of the false

and defamatory-per-se statements, Triminos reputation has been severely damaged. 79. Additionally, as a direct and proximate result of Defendants 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.

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CASE NO.: 11-20527 CA 21 80. Also as a direct and proximate result of Defendants 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 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 Defendants malicious

publication of the false and defamatory-per-se statements, Triminos 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 Defendants 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 wifes relationship and marriage. 83. As a direct and proximate result of Defendants 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 15

CASE NO.: 11-20527 CA 21 Trimino would result and, despite that knowledge, intentionally published those statements, resulting in injury or damage to Trimino. 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 secretary@miamilawoffice.com

By:

/s/ Warren P. Gammill

Warren P. Gammill Fla. Bar No. 151221 Madelin DArce 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 day of May, 2013.

/s/ Warren P. Gammill

Warren P. Gammill Madelin DArce /var/www/apps/conversion/tmp/scratch_6/149754524.doc

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