IN THE CIRCUIT COURT OF THE 11 JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA LTA LOGISTICS, INC.

A Florida Corporation, and LESTER TRIMINO Plaintiff,

GENERAL JURISDICTION DIVISION CASE NO. 11205227

ENRIQUE JOSE VARONA Defendant,

DEFENDANT'S AMENDED COUNTERCLAIM FOR TOURTOUS INTERFERENCE WITH A BUSINESS ADVANTAGE, CIVIL CONSPIRACY FOR TORTOUS INTERFERENCE WITH A BUSINESS ADVANTAGE, FRAUD, AND EMOTIONAL DISTRESS

Defendant, Enrique J Varona a pro se litigant (from hereon "Varona"), couterclaims and sues Plaintiff, LTA Logistics, Inc and LESTER TRIMINO (from hereon, "LTA /

Trimino"), for Tortous interference with a business relationship, civil conspiracy to commit the same, forgery, fraud, on the following grounds and allegations, and states the following:

INTRODUCTION

1).

LTA/ Trimino has sued Varona for Damages, count I requests a temporary and

permanent injunctive relief, on count II claims tortous interference with a business relationship and money damages for an alleged breach of a non-disclosure and nonsolicitation agreement as stated in their original complaint see i.d. (10) The alleged breach as per LTA / Trimino consisted on some videos posted in You Tube on the Internet. 2) 3) 4) On July 8, 2011 LTA/ Trimino served their complaint on Varona

On July 12, 2011 Varona filed a Motion to Dismiss LTA/ Trimino's complaint On July 19, 2011 Varona filed a Counter Claim to LTA/Trimino's suit for Tortous

Interference with a Business Relationship, Civil Conspiracy and Fraud.

5) Claim . 6)

On August 2, 2011 LTA/ Trimino filed a Motion to Dismiss Varona's Counter

On August 8, 2011 Varona filed an answer of Affirmative Defense in response

to the complaint and LTA/Trimino's claims and allegations.

GENERAL ALLEGATIONS

8)

On March 16, 2010 for Sales Agent"

Varona entered into an "Independent Contractor with Landstar Ranger, Inc d/b/a/ Landstar

Agreement

Transportation Logistics, Inc contract as Exhibit "A" 9)

(from hereon "Landstar").

see attached executed

On June 30, 2010 Varona received a call from Mr. Justin Norman, Landstar

regional sales manager for south Florida. Mr. Norman informed Varona that LTA / Trimino had sent Landstar corporate headquarters located in Jacksonville Fl, a four page fax of an alleged non disclosure non solicitation agreement between LTA / Trimino and Varona. See email from Mr. Norman as Exhibit "B". 10) Mr. Norman told Varona he had received from a Mrs. Vandivier, Landstar's a copy of a non solicitation

Director of Agent Contract Administration at corporate

non disclosure agreement dated November 5, 2009 sent to her via fax by LTA / Trimino. See Exhibit "D". 11) Varona stated to Mr. Norman and Mrs. Vandivier that he had not entered into Varona determined that the alleged

such an agreement with LTA / Trimino.

signature in the alleged agreement was a forged signature of his. See Exhibit "B" 12) Mrs. Vandivier did her own comparison of signatures with other signed

documents provided to her by Varona and agreed that the signature in the contract that LTA / Trimino had sent to her was not that of Varona. Mrs Vandivier told Varona that she was going to contact LTA / Trimino and tell them she could not confirm Varona's signature. See Exhibit "E". 14) Mrs. Vandivier informed LTA / Trimino that she was not going to take his calls

anymore and to stop calling her. LTA / Trimino called often and left threatening messages on Mrs. Vandivier's voice mail. This behavior by LTA / Trimino went on for a period of over 10 weeks. See Exhibit "J"

13)

On August 8, 2010

Varona received a phone call from Mr. Richard A. Clark Mr. Clark informed

Vice President and Assistant General Counsel for Landstar.

Varona that LTA/ Trimino via an attorney had sent Landstar's President Mr. Gattoni a letter informing him of the alleged non soliciting non disclosure agreement between LTA/ Trimino and Varona. 15) On August 9, 2010 Varona received via UPS a letter from Mr. Clark, with the

letter dated July 26, 2010 sent to Landstar's President by LTA/ Trimino's attorney. A Mr. James K. Pedley, See Exhibit "F" 16) The Letter from LTA/ Trimino's attorney now contained a new allegation that

had never been raised before, that there were three witnesses to Varona's alleged signing of the LTA / Trimino non solicitation and non disclosure agreement. The alleged witnesses were Mrs. Annette Trimino Vice president of LTA and wife of Lester Trimino and Mr. Todd Osipiak the Sales Manager at LTA. See attorneys letter as Exhibit "G". 17) On August 16, 2010 Varona received via UPS a letter from Landstar In a phone conversation with Mr. Charlie

terminating their relationship with him.

Piatt Vice President of Landstar Transportation Logistics, Inc Varona was told that their decision was due to the actions, allegations, behavior of LTA / Trimino. See Termination letter as exhibit "H".

COUNT I TORTOUS INTERFERENCE WITH BUSINESS RELATIONSHIP

18)

Varona re alleges and incorporates by reference all the allegations in

paragraphs 1 through 17 as though fully set forth. 19) Under Florida law the elements of tortous interference with a business

relationship are the existence of the relationship, knowledge of the relationship by the transgressor, and intentional and unjustified interference with the relationship and the resulting damage to the victim; see Ethan Allen, Inc vs Georgetown Manor, Inc., 647 So.2d 812, 814 (fla.1994). 20) Varona had a business relationship which afforded him the right to represent

Landstar the largest and most recognized motor carrier in the United States as a

sales agent as evidenced by the independent contractor agreement for sales agency see Exhibit "A". 21) LTA / Trimino learned of Varona's employment at Landstar and contacted

corporate on numerous occasions as proved by Exhibits "B", through "H" and "J". 22) LTA / Trimino intentionally and unjustifiably interfered with Varona's

relationship with Landstar, going as far as to produce a forged contract to undermine his credibility and reputation with his new employer. 23) As a result of LTA / Trimino's efforts and actions Varona was terminated

from his employment and suffered irreparable economic loss and multiple damages both financially as well a a loss of reputation in the market and with his customers. 24) LTA/ Trimino over a period of three months carried a campaign to discredit

Varona and harass his employer Landstar by calling them after being told to cease and desist, by forging Varona's signature on a non soliciting and non disclosure agreement, by having his wife Mrs. Annette Trimino and their sales manager conspire about having witnessed Varona signing the alleged agreement. 25) All these actions by LTA / Trimino prove that they acted intentionally to

disrupt the relationship between Landstar and Varona, thus establishes the tort of tortous interference see (Ibid., quoting from Buckallo v. Johnson, supra, 14 cal.3d at 827.) 26) Varona's lost of his right to lawfully represent Landstar constituted an

economic loss and that such loss or economic advantage was due to LTA / Triminos actions (/oust v Longo (1987) 43 Cat. 3d 64, 71).

COUNT II TOURTOUS INTERFERENCE WITH A BUSINESS ADVANTAGE

27)

Varona re alleges and incorporates by reference all the allegations in

paragraphs 1 through 26 as though fully set forth. 28) Under Florida law the elements of tortous interference with a business

relationship are the existence of the relationship, knowledge of the relationship by the transgressor, and intentional and unjustified interference with the relationship and the resulting damage to the victim; see Ethan Allen, Inc vs Georgetown Manor, Inc., 647 So.2d 812, 814 (fla. 1994).

29)

On August 2, 2010

Varona entered into a 8.U.S commission agreement/

contract with Landstar Global Logistics, Inc (from hereon "Landstar2"), copy of the contract is entered as Exhibit "I". 30) Varona suffered the loss of this business relationship for the reasons stated

above. In paragraphs 19 through 25.

COUNT III CIVIL CONSPIRACY FOR TORTOUS INTERFERENCE WITH AN ADVATEGOUS BUSINESS RELATIONSHIP

31)

Varona re alleges and incorporates by reference all the allegations in

paragraphs 1 through 29 as though fully set forth. 32) On or about July, 2010 LTA / Trimino , Mrs. Annnette Trimino Vice

president of LTA and wife of Lester Trimino and Mr. Todd Osipiak the sales manager knowingly and willfully conspired and agreed among themselves to claim to have witnessed Varona sign a non solicitation and non disclosure agreement dated November 5, 2009. 33) 34) This conspiracy is evidenced by Exhibit "F". The elements of an action for civil conspiracy are the formation and

operation of the conspiracy and damage resulting to plaintiff from an act or acts done in furtherance of the common design. ... In such an action the major significance of the conspiracy lies in the fact that it renders each participant in the wrongful act responsible as a joint tortfeasor for all damages ensuing from the wrong, irrespective of whether or not he was a direct actor and regardless of the degree of his activity." (Doctors' Co. v. Superior Court (1989) 49 Cal.Sd 44, citing Mox Incorporated v. Woods (1927) 202 Cal. 675, 677-78.)' (Id. at 511.) 35) Varona alleges that it was the "peculiar power of coercion" possessed by the

conspirators Lester Trimino, Annette Trimino,and Todd Osipiak, by virtue of their combination, which Trimino alone had not been able to accomplish prior to their letter (Exhibt "F") that was the direct cause of the resulting losses to him see

Charruca V Miami jai Alai, Inc. 353 So. 2d 547 (FLA 1977) and Snipes v. West Flagler Kennel Club, Inc., 105 So. 2d 164 (Fla. 1958)

36)

The fact is that the result of the defendant's concerted actions were different

from anything that could have been accomplished separately see Kee v Nat'/ Reserve Life Insurance Co, 918 F2d 1538,1541-42 (11th cir, 1990). 37) LTA/Trimino, Lester Trimino, Mrs. Annette Trimino and their sales manager who was the immediate supervisor of Varona are each a

Mr. Todd Osipiak

participant in the wrongful act responsible as a joint tortfeasor for all damages ensuing from the wrong, irrespective of whether or not he was a direct actor and regardless of the degree of his activity." (Doctors' Co. v. Superior Court (1989) 49 Cal.3d 44, citing Mox Incorporated v. Woods (1927) 202 Cat. 675, 677-78.)' (Id. at 511.) 38) LTA / Trimino, Mrs. Annette Trimino,and Mr. Todd Osipiak, are in breach of

their fiduciary obligations to Varona as an ex employee which is recognized by law and is potentially subject to liability for breach of that duty.' (Allied Equipment Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal.4th at 510-11.) 39) Varona claims a civil conspiracy because more than two persons conspired

for the purpose of willfully and maliciously injuring his reputation, trade, business and profession which resulted in him being terminated by Landstar and him suffering great economic loss.
COUNT IV FRAUD

40)

Varona re alleges and incorporates by reference all the allegations in

paragraphs 1 through 39 as though fully set forth. 41) Varona alleges that LTA / Trimino intentionally participated in a scheme to

defraud him of his position with Landstar, that by sending a number of emails and copies via fax of fraudulent contracts with forged signatures as demonstrated in exhibit "B" through "H" and "J" and in addition the use of electronic mail in

furtherance of that scheme see American Dental, 605 F 3d at 1290 (quotation omitted).

42)

Varona alleges that the circumstances, the precise statements, documents,

and misrepresentations made by LTA/ Trimino at the time, place and person whom the statements were made to and by who the statements were made by, as well as the statements context and manner in which the statements misled Varonas employer in addition to LTA / Trimino achieving their goal of having Varona terminated from his employment are evident in Exhibits "B" through "H" and "J".
COUNT V EMOTIONAL DISTRESS

43) 44) 45)

Varona re alleges and incorporates by reference all the allegations in Varona alleges that he was treated or terminated in an unfair, abusive, Varona alleges that LTA / Trimino intentionally inflicted emotional distress

paragraphs 1 through 42 as though fully set forth. coercive, and retaliatory manner. through his conduct which was extreme and outrageous, The actions of LTA / Trimino were the direct cause of Varona's distress and such distress was severe.
46) According to the Restatement (Second) of Torts, "[o]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress. 47) Varona alleges that LTA/Trimino behaved in an extreme conduct by engaging on

a three month campaign to harass certain high level executives at Landstar corporate, including the president of the company, by continually calling and leaving threatening messages on voice mail, by going as far as to falsify or forge a signature on a contract / agreement, and by hiring an attorney to send a letter claiming to have witnesses to

Varona signing of the agreement, and ending with Varona being terminated from his employment at Landstar that :LTA/ Trimino have engaged in emotional distress see Prosser and Keeton explain that: [s]o far as it is possible to generalize from the Restatement (Second) of Torts, conduct is considered to be extreme and outrageous "only where the conduct has been so outrageous in character, and so extreme in degree, so as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community."

For the reasons set forth hereinabove,

Enrique Jose Varona demands and prays

that this honorable Court enter its judgment against LTA/ Trimino, wherefore on Counts I and II Tortous Interference with a business advantage, Counts III Civil Conspiracy for Tortous Interference with a business advantage , Count IV Fraud, Count, V Emotional Distress, for (1) Damages, including lost wages and

consequential damages

U.S. $ 100,000.00 (2) prejudgment interest (3) punitive (4) attorneys fees and reasonable

damages in the amount of U.S. $500,000.00

litigating costs (5) any such other relief and further relief as this court deems just and proper.

\Respectfully submitted,

Defendant 14823 S.W. 125 Court Miami, Florida 33186

TRUTH AFFIDAVIT IN THE NATURE OF SUPPLEMENTAL RULES FOR ADMINISTRATIVE AND MARITIME CLAIMS RULES C(6)

In Commerce, everything must be stated in Truth. I, Enrique Varona, a Sovereign, a Private Person, a Living Soul, a Creditor, Claimant, and Secured Party and NOT a STATUTORY PERSON upon the land of Florida, a Republic in the county called Miami-Dade, do hereby solemnly declare, say, and state. (1) Secured Party is competent for stating the matters set forth herewith; (2) Secured Party has personal knowledge about the facts stated herein; (3) Everything stated in this TRUTH AFFIDAVIT is the Truth, the Whole Truth, and nothing but the Truth and all stated is true, correct, complete, and not misleading. 1) I Enrique Jose Varona do hereby declare under penalty of perjury that all the statements made in this counter claim are truthful to the best of my knowledge. 2) All the evidence presented to this court such as Exhibits and other statements in this counter claim are legitimate documents. 3) I am over 18 years of age, and reside in Dade County, Miami Florida. 4) That I worked for LTA/ Trimino from June 2009 through March 2010. 5) That all the events that I relate in this complaint happened as I describe them. 6) That I never entered into or signed a non disclosure non solicitation agreement with LTA Logistics, Inc or Lester Trimino dated November 5, 2009. 7) That I have never entered into a campaign to harm LTA Logistics or its owners or corporate officers.
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS AND NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.

Enriqu^ Jo^e Varona, GRANTOR SEClfRED-PARTY SIGNATURE

A J& Enrique Jose Varona, Agent,

The forgoing was acknowledge sworn and subscribed before me this<.2__ day of August, 2011 by Enrique Jose Varona who is personally known to me or has produced/^-^/-^J^y^7 -frf-?//' O an oath, ^//e 2?/ 9^046 s*/ Ctf//. Notary State of Florida
as

identification and who id take

My Comission Expires on:

Comm# DD0677888

Expires 9/16/2011
Florida Notary Assn.. Inc