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IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 12-034123 (07)
P & S ASSOCIATES GENERAL
PARTNERSHIP, etc. et al.,
Plaintiffs,
vs.
STEVEN JACOB, et al.
Defendants.
/
PLAINTIFFS’ MOTION FOR AN ORDER TO SHOW CAUSE
AGAINST DEFENDANT MICHAEL BIENES
Plaintiffs, by and through the undersigned counsel hereby file this Motion for an Order to
Show Cause Against Defendant Michael Bienes and in support thereof state:
1. On November 16, 2015, the Court entered an Order on Plaintiffs’ Expedited
Motion to Compel Defendant Frank Avellino and Michael Bienes to Produce Computers for
Inspection and to Produce Documents (the “Order”). A true and correct copy of that Order is
attached hereto as Exhibit “A”.
2. Among other provisions, the Order directed Defendant Michael Bienes (“Bienes”)
to deliver to AOL a written authorization to release any e-mails sent or received by the e-mail
address [email protected] during the years 2008 and 2009. After receiving those e-mails
from AOL, Bienes was directed to produce all non-privileged e-mails from AOL that are
responsive to Plaintiffs’ requests for production. Further, Bienes was required to provide a
random sampling of e-mails received from AOL to Plaintiffs upon Plaintiffs request.
Filing # 42745462 E-Filed 06/14/2016 05:33:44 PM
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3. Bienes was also directed to produce a privilege log of any privileged documents
withheld from production.
4. On December 8, 2015, Bienes produced a report concerning certain documents
which revealed that Bienes is withholding approximately 387 e-mails on the basis of privilege. A
true and correct copy of Bienes’ Report is attached hereto as Exhibit “B.”
5. To date, and despite receiving numerous requests from Plaintiffs, Bienes has
refused to produce a privilege log.
6. Moreover, Bienes has not provided any responsive e-mails to Plaintiffs. Bienes
did not submit an appropriate consent form to AOL until April 2016, after several inquiries
concerning the status of the production of documents from Plaintiffs.
7. Although Plaintiffs have requested a random sample of e-mails, and the
production of documents from Bienes on multiple occasions, Bienes has not produced any e-
mails to Plaintiffs.
8. As our supreme court has explained, “the purpose of a civil contempt proceeding
is to obtain compliance on the part of a person subject to an order of the court.” Bowen v. Bowen,
471 So.2d 1274, 1277 (Fla.1985) (emphasis omitted). Bienes has intentionally failed to comply
with this Court’s Orders and lacks any justification for his failure to take such action.
9. Accordingly, Plaintiffs request that the Court issue an Order to Show Cause
directing Bienes to show cause as to why he should not be held in contempt of court for refusing
to abide by the Order.
10. Alternatively, Plaintiffs request that the Court enter an Order directing Bienes to
turnover his computer to a neutral third party for purposes of conducting an inspection of his
computer.
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WHEREFORE Plaintiffs respectfully request that the Court enter an Order (i) Granting
the Motion; (ii) Directing Bienes to Show Cause as to why he should not be held in contempt of
court; (iii) Sanctioning Bienes; (iv) Ordering Bienes to turnover his computer so that it may be
examined by a neutral third party; and (v) Granting such further relief as the Court deems just
and proper.
June 14, 2016 Respectfully submitted,
BERGER SINGERMAN LLP
Attorneys for Plaintiffs
350 East Las Olas Blvd, Suite 1000
Fort Lauderdale, FL 33301
Telephone: (954) 525-9900
Direct: (954) 712-5138
Facsimile: (954) 523-2872
By: s/ Leonard K. Samuels
Leonard K. Samuels
Florida Bar No. 501610
Michel O. Weisz
Florida Bar No. 336939
Zachary P. Hyman
Florida Bar No. 98581
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 14, 2016, a copy of the foregoing was filed with the
Clerk of the Court via the E-filing Portal, and served via Electronic Mail by the E-filing Portal
upon:
Peter G. Herman, Esq.
The Herman Law Group, P.A.
1401 E. Broward Blvd., Suite 206
Fort Lauderdale, FL 33301
Tel.: 954-525-7500
Fax.: 954-761-8475
Attorneys for Steven Jacob; Steven F. Jacob
CPA & Associates, Inc.
Thomas M. Messana, Esq.
Messana, P.A.
401 East Las Olas Boulevard, Suite 1400
Fort Lauderdale, FL 33301
Tel.: 954-712-7400
Fax: 954-712-7401
Attorneys for Plaintiff
Gary A. Woodfield, Esq.
Haile, Shaw & Pfaffenberger, P.A.
660 U.S. Highway One, Third Floor
North Palm Beach, FL 33408
Tel.: 561-627-8100
Fax.: 561-622-7603
Attorneys for Frank Avellino and Michael
Bienes
By: s/Leonard K. Samuels
Leonard K. Samuels
EXHIBIT A
EXHIBIT B