UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-22423-UU

2399 COLLINS AVENUE CONDOMINIUM

ASSOCIATION, INC., a Florida corporation, 

Counterclaimant,

v.

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

A Delaware limited liability company,

Counter-defendant.

DEFENDANTS’ RESPONSE IN COMPLIANCE WITH 

COURT ORDER ENTERED ON OCTOBER 9, 2020

Defendants, 2399 Collins Avenue Condominium Association, Inc. (the “Association”) and 

John P. Bostany hereby file Defendants’ Response in compliance with this Court’s Order entered 

on October 9, 2020 and as grounds, Defendants state as follows:

1. This action is an alleged trademark infringement, breach of contract and tortious

interference with business interest dispute. 

2. Plaintiff has served various discovery requests to Defendants in this case.

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

A Delaware limited liability company,

Plaintiff,

v.

2399 COLLINS AVENUE CONDOMINIUM

ASSOCIATION, INC., a Florida corporation, 

and JOHN P. BOSTANY, an Individual,

Defendants.

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3. In response to various requests for production, Defendant John P. Bostany timely 

served written responses. 

4. Most of the requests that Plaintiff was seeking were documents that were also 

requested from 2399 Collins Avenue Condominium Association, Inc. (“Association”). 

5. Mr. Bostany searched his personal records and had no documents beyond those 

maintained by the Association. 

6. There was some miscommunication between Defendants and prior counsel 

concerning what was directed to be produced. 

7. On October 6, 2020, as an attempt to resolve the discovery issues pending, John 

Bostany and Nicole Salcedo filed two Declarations with the Court, Docket Entries 46 and 47. 

8. On October 8, 2020, Defendants filed a Motion to Terminate the Law Firm of Allen, 

Dyer, Doppelt & Gilchrist, P.A. from representing them in this matter due to irreconcilable 

differences. (D.E. 48).

9. On October 8, 2020, Law Firm of Allen, Dyer, Doppelt & Gilchrist, P.A. filed their 

Motion to Withdraw as counsel due to irreconcilable differences. (D.E. 49).

10. The Court entered an Order on October 9, 2020 granting withdrawal of the Law 

Firm of Allen, Dyer, Doppelt & Gilchrist, P.A.

11. In addition to those motions, the Court entered an Order requiring Defendants’ 

counsel to respond to Allen Dryer firm’s concerns as to the veracity of Docket Entries 46 and 47. 

12. In the interest of moving forward with the causes of action and legal issues involved 

in this matter, Defendants respectfully request permission to withdraw the Declaration of John P. 

Bostany, D.E. 46 and respectfully ask that the Declarations of Nicole Salcedo and Brian Gilchrist 

(D.E. 45 and D.E. 47) be filed under seal.

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13. Defendants assert their attorney client privilege in this case and want to preserve 

Defendants’ privilege as to any communications that were made between Defendants and their 

attorneys including the Law Firm of Allen, Dyer, Doppelt & Gilchrist, P.A.

14. If the Court requires further information regarding the issues between the Allen 

Dyer Firm and Defendants, Defendants can produce another Declaration of the co-director Richard 

Egan that also provides factual statements and evidence which Defendants respectfully request be 

filed under seal to preserve their attorney client privilege.

15. We are currently in unprecedented and stressful times during the Covid-19 

pandemic and Defendants ask the Court to allow this case to go forward on its merits. 

WHEREFORE, Defendants respectfully request this Court to allow the Defendants to 

Withdraw Declaration of John P. Bostany dated October 6, 2020, to seal Docket Entries 45 and 47 

and allow this case to continue on the causes of actions relevant to the resolution of this matter. 

Respectfully submitted on October 14, 2020,

By: /s/ Dania S. Fernandez z 

Dania S. Fernandez, Esq.

Dania S. Fernandez & Associates, P.A.

13500 SW 88 Street, Suite 265

Miami, Florida 33186

Phone: 305-254-4492

Fax: 305-254-4514

Email: dania@dsfpa.com

Attorney for Defendants

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 14, 2020, I presented the foregoing to the Clerk of 

the Court for uploading to the Case Management/Electronic Case Files (“CM/ECF”) System, 

which will send a Notice of Electronic Filing to Counsel of Record: 

Gavin Cunningham Gaukroger 

Berger Singerman LLP 

350 East Las Olas Blvd., Ste 1000

Fort Lauderdale, FL 33301 

(954) 525-9900 

Fax: (954) 523-2872 

Email: ggaukroger@bergersingerman.com

Claudia Ray 

Email: claudia.ray@kirkland.com

Dale M. Cendali 

Email: dale.cendali@kirkland.com

Shanti Sadtler Conway 

Email: shanti.conway@kirkland.com

Kirkland & Ellis LLP 

601 Lexington Avenue 

New York, NY 10022 

(212) 446-4800 

Christina Michele Perry 

Berger Singerman LLP 

1450 Brickell Avenue, Ste. 1000 

Miami, FL 33131 

305-755-9500 

Fax: 305-714-4340 

Email: cperry@bergersingerman.com

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