Preview
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AM INDEX NO. 707381/2019
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NYSCEF DOC. NO. 120 07/31/2022
RECEIVED NYSCEF: 02/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
————————————————————————X
YANGSIL KANG, individually and as a shareholder
on behalf of ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER, INC.,
Plaintiffs, Index No.: 707381/2019
-against- NOTICE
AND DEMAND
FOR PRODUCTION
OF DOCUMENTS
AND THINGS
SR HOMECARE OF NY, INC.,
EVERGREEN ADULT DAY CARE IN FLUSHING, INC.,
EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC.,
EVERGREEN FLUSHING NEW YORK LLC,
EVERGREEN SENIOR DAY CARE CENTER, INC.,
EVERGREEN HOMECARE SERVICE OF NY, INC.,
BYUNGKI KOO a/k/a JAMES KOO and
HYUNGJONG KOO a/k/a TAMMY KOO,
Defendants,
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAY CARE CENTER, INC.,
Nominal Defendants.
———————————————————————————X
To: Andrew Grossman, Esq.
Rha, Kim, Grossman & McIlwain, LLP
266 West 37th Street, Suite 1600
New York, NY 10018
Tel (718) 321-9797
agrossman@rhakimlaw.com
Attorneys for Defendants
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S I R:
PLEASE TAKE NOTICE that, pursuant to CPLR 3120 et seq. of the Civil Practice Laws
and Rules, Defendants herein are hereby required to produce and to permit discovery and
photocopying, at the Law Offices of Jin Han, P.C., Attorney for Plaintiffs, at 100 Park Avenue,
Suite 1600, New York, New York 10017, in accordance with the Definitions and Instructions
contained herein, of any and all of the documents and items described below as are or may be in
the possession, custody or control of Defendants and/or their respective agents or representatives,
and to comply therewith on or before July 9, 2021.
DEFINITIONS AND INSTRUCTIONS
A. The "Plaintiff" means Yangsil Kang, individually and in her shareholder
derivative capacity, and all persons acting or purporting to act on her behalf unless separately
described.
B. The "Defendants" means any or all of the named Defendants, individual,
corporate, limited liability company and all persons acting or purporting to act on its or their
behalf unless separately described.
C. The "Complaint" means Amended Verified Complaint filed herein by Plaintiff.
“Answer” means the Verified Answer filed herein by Defendants.
D. The term "communication" means the transmittal of information in the form of
facts, ideas, opinions, requests, inquiries or otherwise.
E. The term "document" is defined as including all writings, records, papers,
correspondence, files, notes, worksheets, minutes, memoranda, letters, certificates, licenses,
analyses, reports, interoffice communications, intra-office communications, voice recordings,
transcriptions, statements, books, emails, text messages, pamphlets, video recordings, audio
recordings, and any other writings and things. A draft or non-identical copy of a document is to
be designated as a separate document within the meaning of this term. The term “document” also
means any written, typed, recorded, electronically stored information, or graphic matter of any
type or description
F. The term "person" is defined as any natural person.
G. The term "entity" means any business, legal or governmental entity or association.
H. The term "concerning" means relating to, referring to, describing, reflecting,
evidencing or constituting.
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I. The use of the singular form includes the plural and vice versa; reference to any
gender includes the other gender; the words "and" and "or" shall be construed either
conjunctively or disjunctively as necessary to bring within the scope of the discovery request all
responses that might otherwise be construed to be outside of its scope; the words "all" and "each"
shall be construed as "all" and "each"; the word "any" means "any and all"; the word "including"
means "including without limitation."
J. All documents are to be produced as they are kept in the usual course of business
so that the requesting party may ascertain the files in which the documents are located, their
relative order in such files and how such files are maintained.
K. All documents are to be produced in their entirety, without abbreviation or
expurgation, including both front and back thereof, and all attachments or other matters affixed
thereto.
L. In the event that a document called for by this demand for production of
documents has been destroyed, lost, discarded or otherwise disposed of, such document is to be
identified as completely as possible, including, without limitation, the following information:
Author(s); recipient(s); sender(s); subject matter; date prepared or received; date of disposal;
manner of disposal; reason for disposal; person(s) authorizing the disposal; person(s) having
knowledge of the disposal; and person(s) disposing of the document.
M. If any document requested by this demand for production of documents is not
now in any Defendant’s possession, but the Defendants are aware of the custodian and location
of such document, they shall identify the document and the present custodian or location.
N. This demand for production of documents imposes a continuing legal obligation
upon Defendants to provide any documents which are discovered after the date of their response.
Defendants are hereby required to notify, send, email and update Plaintiffs’ counsel of any and
all documents discovered after the date of their response which relate to the requests or demands
herein for the production of such documents.
O. With respect to those documents withheld by reason of a claim of privilege, work
product or other ground of non-production, a list is to be furnished at the time that the non-
privileged documents are produced which shall identify each document withheld, state the
privilege claimed, the nature of such document (e.g., letter, memorandum, etc.), date and author
of such document, the names of all persons to whom such documents was directed or by whom
received, the sender of such documents, indicated or blind copies, subject matter, number of
pages, the paragraph(s) of this demand for production of documents to which such documents
relate, and the name of the present custodian. If a portion of an otherwise responsive document
contains information subject to a claim of privilege, those portions of the document subject to the
claim of privilege shall be deleted or redacted from the document and the rest of the document
shall be produced.
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P. The documents referenced herein shall be produced separately, indicating the
Request No. to which each set of responsive documents responds.
Q. As used here, the term “Affiliated Evergreen Adult Day Care Entity” means
collectively or individually any one or more of the following ten (10) entities: Evergreen Senior
Services, Inc., Evergreen Adult Day Care Center, Inc., Evergreen Senior Day Care Center, Inc.,
Evergreen Adult Day Care in Flushing, Inc., Evergreen J.S.C. Adult Day Care in New York, Inc.,
Evergreen Flushing New York LLC, Evergreen Homecare Service of NY, Inc., SR Homecare of
NY, Inc. and Elim Home Care Agency, LLC.
DOCUMENTS AND ITEMS REQUESTED
1. Copies of the personnel records and files relating to or concerning the employment of Plaintiff
during the periods from January 1, 2015 to date and during which time periods she participated
in, was involved with and/or was employed by or with any one or more of the following entities:
(a) Elim Home Care Agency, LLC
(b) Evergreen Senior Services, Inc.
(c) Evergreen Adult Day Care Center, Inc.
(d) Evergreen Senior Day Care Center, Inc.
(e) Evergreen Adult Care in Flushing, Inc.
(f) Evergreen J.S.C. Adult Day Care in NY, Inc.
(g) Evergreen Flushing New York LLC.
(h) Evergreen Homecare Service of NY, Inc.
(i) SR Homecare of NY, Inc.
2. Copies of any documents, whether or not included in response to Request No. 1, describing
Plaintiff’s various job duties, tasks, roles, obligations or responsibilities while employed by or
with any one or more of the entities identified in Request No. 1.
3. Copies of any documents, whether or not contained in Plaintiff’s personnel records or files,
concerning, describing, reflecting or setting forth any inadequacies, shortcomings, failures,
omissions, errors or improper activity, behavior, actions, competence or performance by Plaintiff
while employed by or with any one or more of the entities identified in Request No. 1.
4. Copies of any documents concerning, describing, reflecting or setting forth any actions, steps,
activities, failures or omissions, taken or attributable by Plaintiff while she was employed by or
with any one or more of the entities identified in Request No. 1 and which documents involve or
relate to Plaintiff allegedly having:
a. Falsified or causing others to falsify time sheets,
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b. Evaded or failing to comply with rules and regulations relating to or concerning the
payment of overtime and spread of hours compensation,
c. Failed to follow or adhere to the requirements, rules and regulations relating to or
concerning “wage parity,”
d. Caused any Defendant to violate any law or regulation relating to wages and payroll,
e. Concealed or taking money, revenue or income from any Defendant,
f. Caused any Defendant to incur any liability for unpaid wages, overtime or spread of
hours compensation,
g. Failed to cause various notices regarding wages and overtime to be given or placed,
h. Failed to comply with or observe any other law or regulation relating to payroll,
5. (a) Copies of the pleadings in any and all individual or collective suits brought and pending
under the FLSA and/or New York State Labor Law by any former or current employees of
Defendants against any one or more Defendants in which the said suit or suits alleges, charges,
or describes various actions, violations of law, steps, activities, failures or omissions committed
or undertaken by any one or more Defendants in regard to the payment of wages, overtime,
spread of hours, posting of notices and related matters.
(b) Copies of any documents served or filed by any party or witness in or as part of any of the
foregoing suits which implicates, identifies, describes or involves specific actions, inactions,
roles, steps or omissions of Plaintiff with regard to the subject matter of the aforesaid suits.
6. Copies of the first page of the client, patient or customer billing and payment record, sheet,
chart or folder of each and every client or customer of Evergreen Senior Services, Inc., or its
successor, during the period from August 14, 2015 to May 31, 2017 who thereafter and during
the period from May 31, 2017 to May 31, 2021 became a client, patient or customer of
Evergreen Adult Day Care Center, Inc. and/or any Affiliated Evergreen Adult Day Care Entity.
7. For each client, patient or customer referred to in response to Request No. 6, a copy of his or
her billing and payments record, sheet, chart or folder at Evergreen Adult Day Care Center, Inc.
and/or of any Affiliated Evergreen Adult Day Care Entity.
8. Copies of the federal income tax returns as filed of and for Evergreen Adult Day Care Center,
Inc. and for any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015
through 2020.
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9. Copies of any and all profit and loss or income statements prepared of, for and by Evergreen
Senior Services, Inc. and of, for and by Evergreen Adult Day Care Center, Inc. and any and all
Affiliated Evergreen Adult Day Care Entity for the period from August 1, 2015 through May 31,
2021.
10. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee or contractor of Evergreen Senior Services, Inc. during the period from August 1, 2015
to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021
became an employee of any Evergreen Adult Day Care Center and/or of any Affiliated Evergreen
Adult Day Care Entity.
11. For the period from August 1, 2015 to May 31, 2021, copies of the respective stock
certificates issued to or for each stockholder of Evergreen Senior Services, Inc. and for
Evergreen Adult Day Care Center, Inc. or for any Affiliated Evergreen Adult Day Care Entity.
12. Copies of any and all stockholders’ agreements applicable to or for the respective
stockholders of Evergreen Senior Services, Inc. and for the stockholders of Evergreen Adult Day
Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity.
13. Copies of any documents, for the period from August 1, 2015 to date, which show, reflect,
indicate or set forth the respective ownership interest, number of shares or percentages and
capital accounts of each stockholder of Evergreen Senior Services, Inc., of Evergreen Adult Care
Center, Inc. and of any and all Affiliated Evergreen Adult Day Care Entity.
14. Copies of any and all written agreements and contracts entered into by and between and
among Evergreen Senior Services, Inc., Evergreen Adult Day Care Center, Inc. and any and all
Affiliated Evergreen Adult Day Care Entity.
15. Copies of any notices or letters sent or given by or from Evergreen Senior Services, Inc., and/
or from Evergreen Adult Day Care Center, Inc., and/or from any Affiliated Evergreen Adult Day
Care Entity to any client, patient or customer of any such entity mentioning, describing
explaining, soliciting or discussing the transfer, transition, take-over or change from one entity to
another in the providing of various services to said clients, patients or customers.
16. Copies of any licenses, authorizations or approvals issued by any agency or department of
the State of New York during the period from August 1, 2015 to May 31, 2021 to Evergreen
Senior Services, Inc., to any Evergreen Adult Day Care Center or to any other Affiliated
Evergreen Adult Day Care Entity with respect to the operation and management by any of them
as an adult day care center.
17. Copies of the first page of the client, patient or customer billing record, sheet, chart or
folder of each and every joint, shared and/or individual client, patient or customer of SR
Homecare of NY, Inc. or of Evergreen Homecare Services of NY, Inc. during the period from
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May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to
March 31, 2021 became a client, patient or customer of Evergreen Homecare Services of NY,
Inc.
18. For each client, patient or customer referred to in response to Request No. 17, a copy of his
or her billing and payments record, sheet, chart or folder at Evergreen Homecare Services of NY
Inc.
19. Copies of the federal income tax returns of and for Evergreen Homecare Services of NY, Inc.
and any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015 through
2020.
20. Copies of any and all profit and loss and income statements of and for Evergreen Homecare
Services of NY, Inc. for the period from March 1, 2019 to May 31, 2021.
21. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee or contractor of SR Homecare of New York, Inc. and/or of Evergreen Homecare
Services of NY, Inc. during the period from May 1, 2016 to March 15, 2019 who thereafter and
during the period from March 15, 2019 to May 31, 2021 became an employee of Evergreen
Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity.
22. Copies of the respective stock certificates issued to or for each person or entity who was a
stockholder of Evergreen Homecare Services of NY, Inc. for or during the period from May 1,
2016 to May 31, 2021.
23. For or during the period from May 1, 2016 to May 31, 2021, copies of any and all
stockholders’ agreements applicable to or for the respective stockholders of Evergreen Homecare
Services of NY, Inc.
24. Copies of any documents which, for the period from May 1, 2016 to date, show, reflect,
indicate or set forth the respective ownership interest, number of shares or percentages and
capital accounts of each stockholder of Evergreen Homecare Services of NY, Inc.
25. Copies of any and all agreements and contracts entered into between SR Homecare of NY,
Inc. and Evergreen Homecare Service of NY, Inc.
26. Copies of any notices or letters sent or given from SR Homecare of NY, Inc. and/or from
Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity
to any client, patient or customer of either entity mentioning, explaining, describing, soliciting or
discussing the transfer, transition, take over or change from one entity to another in the providing
of various services to said clients, patients or customers.
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27. Copies of any licenses or approvals issued by any agency or department of the State of New
York during the period from May 15, 2015 to May 31, 2021 to Evergreen Homecare Services of
NY, Inc. with respect to the operation and management by it of an adult day care center.
28. Copies of any documents showing or reflecting the source and manner from which and/or in
which Plaintiff received her periodic salary, other compensation and/or distribution of the profits
or dividends of or from SR Homecare of NY, Inc. and/or of or from Evergreen Homecare Service
of NY, Inc. during the period from May 1, 2016 to March 15, 2019.
29. Copies of any statements, accounting or reports prepared for or by Daniel Park for the years
2017 to 2020 showing his receipt, as manager, of any revenue, income and expenses from the
operation of Elim Home Care Agency, LLC.
30. Copies of any periodic statements, accountings, billings or reports prepared by or for Elim
Home Care Agency for the years 2017 to 2020 of and for Elim Home Care Agency, LLC.
31. Copies of any profit and losses and statements prepared by or for Elim Home Care Agency,
LLC. for the period from June 1, 2017 to May 31, 2021.
32. Copies of the first page of the client, patient or customer billing and payments record, sheet,
chart or folder of each and every client, patient or customer of Elim Home Care Agency, LLC
during the period from June 1, 2017 to May 31, 2021.
33. For each client, patient or customer referred to in response to Request No. 32 who, during the
period from June 1, 2017 to May 31, 2021, became a client, patient or customer of Evergreen
Homecare Services of NY, Inc., a copy of his or her billing and payments record, sheet, chart or
folder.
34. Copies of any and all agreements and contracts entered into by and between and among
Daniel Park, Hyunjong Tammy Koo and Byungki Koo relating to the operation, management,
profit-sharing, distribution-sharing of revenues derived and received from Elim Home Care
Agency, LLC.
35. During the period since June 1, 2017, copies or records of any accountings, reports,
statements, payments, remittances, disbursements and or distributions of funds (i.e. by check,
cash, electronic funds or wire transfer, direct deposit, etc.) made by Daniel Park to Hyunjong
Tammy Koo and/or to Byungki Koo for or in regard to any and all revenue, profit or income
received or collected by Daniel Park or Elim Home Care Agency, LLC in connection with or
arising from the operation and management of Elim Home Care Agency, LLC.
36. Copies of any and all agreements and contracts between Daniel Park and any other person
relating to his sharing in, distributing, paying out or remitting funds for or in regard to any and
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all revenue, profit or income received or collected by Daniel Park in connection with or arising
from the operation and management of Elim Home Care Agency, LLC.
37. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee, consultant or contractor of Elim Home Care Agency during the period from June 1,
2017 to date.
Dated: June 9, 2021
Yours, etc.
/s/ Jin Han, Esq.
Law Offices of Jin Han, P.C
100 Park Avenue, Suite 1600
New York, NY 10017
Tel (917) 701-7976
jinhan@jinhanlaw.com
Attorney for Plaintiffs
9
Preview
07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ————————————————————————X YANGSIL KANG, individually and as a shareholder on behalf of ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER, INC., Plaintiffs, Index No.: 707381/2019 -against- NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS AND THINGS SR HOMECARE OF NY, INC., EVERGREEN ADULT DAY CARE IN FLUSHING, INC., EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAY CARE CENTER, INC., EVERGREEN HOMECARE SERVICE OF NY, INC., BYUNGKI KOO a/k/a JAMES KOO and HYUNGJONG KOO a/k/a TAMMY KOO, Defendants, ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAY CARE CENTER, INC., Nominal Defendants. ———————————————————————————X To: Andrew Grossman, Esq. Rha, Kim, Grossman & McIlwain, LLP 266 West 37th Street, Suite 1600 New York, NY 10018 Tel (718) 321-9797 agrossman@rhakimlaw.com Attorneys for Defendants 1 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 S I R: PLEASE TAKE NOTICE that, pursuant to CPLR 3120 et seq. of the Civil Practice Laws and Rules, Defendants herein are hereby required to produce and to permit discovery and photocopying, at the Law Offices of Jin Han, P.C., Attorney for Plaintiffs, at 100 Park Avenue, Suite 1600, New York, New York 10017, in accordance with the Definitions and Instructions contained herein, of any and all of the documents and items described below as are or may be in the possession, custody or control of Defendants and/or their respective agents or representatives, and to comply therewith on or before July 9, 2021. DEFINITIONS AND INSTRUCTIONS A. The "Plaintiff" means Yangsil Kang, individually and in her shareholder derivative capacity, and all persons acting or purporting to act on her behalf unless separately described. B. The "Defendants" means any or all of the named Defendants, individual, corporate, limited liability company and all persons acting or purporting to act on its or their behalf unless separately described. C. The "Complaint" means Amended Verified Complaint filed herein by Plaintiff. “Answer” means the Verified Answer filed herein by Defendants. D. The term "communication" means the transmittal of information in the form of facts, ideas, opinions, requests, inquiries or otherwise. E. The term "document" is defined as including all writings, records, papers, correspondence, files, notes, worksheets, minutes, memoranda, letters, certificates, licenses, analyses, reports, interoffice communications, intra-office communications, voice recordings, transcriptions, statements, books, emails, text messages, pamphlets, video recordings, audio recordings, and any other writings and things. A draft or non-identical copy of a document is to be designated as a separate document within the meaning of this term. The term “document” also means any written, typed, recorded, electronically stored information, or graphic matter of any type or description F. The term "person" is defined as any natural person. G. The term "entity" means any business, legal or governmental entity or association. H. The term "concerning" means relating to, referring to, describing, reflecting, evidencing or constituting. 2 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 I. The use of the singular form includes the plural and vice versa; reference to any gender includes the other gender; the words "and" and "or" shall be construed either conjunctively or disjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope; the words "all" and "each" shall be construed as "all" and "each"; the word "any" means "any and all"; the word "including" means "including without limitation." J. All documents are to be produced as they are kept in the usual course of business so that the requesting party may ascertain the files in which the documents are located, their relative order in such files and how such files are maintained. K. All documents are to be produced in their entirety, without abbreviation or expurgation, including both front and back thereof, and all attachments or other matters affixed thereto. L. In the event that a document called for by this demand for production of documents has been destroyed, lost, discarded or otherwise disposed of, such document is to be identified as completely as possible, including, without limitation, the following information: Author(s); recipient(s); sender(s); subject matter; date prepared or received; date of disposal; manner of disposal; reason for disposal; person(s) authorizing the disposal; person(s) having knowledge of the disposal; and person(s) disposing of the document. M. If any document requested by this demand for production of documents is not now in any Defendant’s possession, but the Defendants are aware of the custodian and location of such document, they shall identify the document and the present custodian or location. N. This demand for production of documents imposes a continuing legal obligation upon Defendants to provide any documents which are discovered after the date of their response. Defendants are hereby required to notify, send, email and update Plaintiffs’ counsel of any and all documents discovered after the date of their response which relate to the requests or demands herein for the production of such documents. O. With respect to those documents withheld by reason of a claim of privilege, work product or other ground of non-production, a list is to be furnished at the time that the non- privileged documents are produced which shall identify each document withheld, state the privilege claimed, the nature of such document (e.g., letter, memorandum, etc.), date and author of such document, the names of all persons to whom such documents was directed or by whom received, the sender of such documents, indicated or blind copies, subject matter, number of pages, the paragraph(s) of this demand for production of documents to which such documents relate, and the name of the present custodian. If a portion of an otherwise responsive document contains information subject to a claim of privilege, those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 3 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 P. The documents referenced herein shall be produced separately, indicating the Request No. to which each set of responsive documents responds. Q. As used here, the term “Affiliated Evergreen Adult Day Care Entity” means collectively or individually any one or more of the following ten (10) entities: Evergreen Senior Services, Inc., Evergreen Adult Day Care Center, Inc., Evergreen Senior Day Care Center, Inc., Evergreen Adult Day Care in Flushing, Inc., Evergreen J.S.C. Adult Day Care in New York, Inc., Evergreen Flushing New York LLC, Evergreen Homecare Service of NY, Inc., SR Homecare of NY, Inc. and Elim Home Care Agency, LLC. DOCUMENTS AND ITEMS REQUESTED 1. Copies of the personnel records and files relating to or concerning the employment of Plaintiff during the periods from January 1, 2015 to date and during which time periods she participated in, was involved with and/or was employed by or with any one or more of the following entities: (a) Elim Home Care Agency, LLC (b) Evergreen Senior Services, Inc. (c) Evergreen Adult Day Care Center, Inc. (d) Evergreen Senior Day Care Center, Inc. (e) Evergreen Adult Care in Flushing, Inc. (f) Evergreen J.S.C. Adult Day Care in NY, Inc. (g) Evergreen Flushing New York LLC. (h) Evergreen Homecare Service of NY, Inc. (i) SR Homecare of NY, Inc. 2. Copies of any documents, whether or not included in response to Request No. 1, describing Plaintiff’s various job duties, tasks, roles, obligations or responsibilities while employed by or with any one or more of the entities identified in Request No. 1. 3. Copies of any documents, whether or not contained in Plaintiff’s personnel records or files, concerning, describing, reflecting or setting forth any inadequacies, shortcomings, failures, omissions, errors or improper activity, behavior, actions, competence or performance by Plaintiff while employed by or with any one or more of the entities identified in Request No. 1. 4. Copies of any documents concerning, describing, reflecting or setting forth any actions, steps, activities, failures or omissions, taken or attributable by Plaintiff while she was employed by or with any one or more of the entities identified in Request No. 1 and which documents involve or relate to Plaintiff allegedly having: a. Falsified or causing others to falsify time sheets, 4 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 b. Evaded or failing to comply with rules and regulations relating to or concerning the payment of overtime and spread of hours compensation, c. Failed to follow or adhere to the requirements, rules and regulations relating to or concerning “wage parity,” d. Caused any Defendant to violate any law or regulation relating to wages and payroll, e. Concealed or taking money, revenue or income from any Defendant, f. Caused any Defendant to incur any liability for unpaid wages, overtime or spread of hours compensation, g. Failed to cause various notices regarding wages and overtime to be given or placed, h. Failed to comply with or observe any other law or regulation relating to payroll, 5. (a) Copies of the pleadings in any and all individual or collective suits brought and pending under the FLSA and/or New York State Labor Law by any former or current employees of Defendants against any one or more Defendants in which the said suit or suits alleges, charges, or describes various actions, violations of law, steps, activities, failures or omissions committed or undertaken by any one or more Defendants in regard to the payment of wages, overtime, spread of hours, posting of notices and related matters. (b) Copies of any documents served or filed by any party or witness in or as part of any of the foregoing suits which implicates, identifies, describes or involves specific actions, inactions, roles, steps or omissions of Plaintiff with regard to the subject matter of the aforesaid suits. 6. Copies of the first page of the client, patient or customer billing and payment record, sheet, chart or folder of each and every client or customer of Evergreen Senior Services, Inc., or its successor, during the period from August 14, 2015 to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021 became a client, patient or customer of Evergreen Adult Day Care Center, Inc. and/or any Affiliated Evergreen Adult Day Care Entity. 7. For each client, patient or customer referred to in response to Request No. 6, a copy of his or her billing and payments record, sheet, chart or folder at Evergreen Adult Day Care Center, Inc. and/or of any Affiliated Evergreen Adult Day Care Entity. 8. Copies of the federal income tax returns as filed of and for Evergreen Adult Day Care Center, Inc. and for any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015 through 2020. 5 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 9. Copies of any and all profit and loss or income statements prepared of, for and by Evergreen Senior Services, Inc. and of, for and by Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity for the period from August 1, 2015 through May 31, 2021. 10. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee or contractor of Evergreen Senior Services, Inc. during the period from August 1, 2015 to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021 became an employee of any Evergreen Adult Day Care Center and/or of any Affiliated Evergreen Adult Day Care Entity. 11. For the period from August 1, 2015 to May 31, 2021, copies of the respective stock certificates issued to or for each stockholder of Evergreen Senior Services, Inc. and for Evergreen Adult Day Care Center, Inc. or for any Affiliated Evergreen Adult Day Care Entity. 12. Copies of any and all stockholders’ agreements applicable to or for the respective stockholders of Evergreen Senior Services, Inc. and for the stockholders of Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity. 13. Copies of any documents, for the period from August 1, 2015 to date, which show, reflect, indicate or set forth the respective ownership interest, number of shares or percentages and capital accounts of each stockholder of Evergreen Senior Services, Inc., of Evergreen Adult Care Center, Inc. and of any and all Affiliated Evergreen Adult Day Care Entity. 14. Copies of any and all written agreements and contracts entered into by and between and among Evergreen Senior Services, Inc., Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity. 15. Copies of any notices or letters sent or given by or from Evergreen Senior Services, Inc., and/ or from Evergreen Adult Day Care Center, Inc., and/or from any Affiliated Evergreen Adult Day Care Entity to any client, patient or customer of any such entity mentioning, describing explaining, soliciting or discussing the transfer, transition, take-over or change from one entity to another in the providing of various services to said clients, patients or customers. 16. Copies of any licenses, authorizations or approvals issued by any agency or department of the State of New York during the period from August 1, 2015 to May 31, 2021 to Evergreen Senior Services, Inc., to any Evergreen Adult Day Care Center or to any other Affiliated Evergreen Adult Day Care Entity with respect to the operation and management by any of them as an adult day care center. 17. Copies of the first page of the client, patient or customer billing record, sheet, chart or folder of each and every joint, shared and/or individual client, patient or customer of SR Homecare of NY, Inc. or of Evergreen Homecare Services of NY, Inc. during the period from 6 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to March 31, 2021 became a client, patient or customer of Evergreen Homecare Services of NY, Inc. 18. For each client, patient or customer referred to in response to Request No. 17, a copy of his or her billing and payments record, sheet, chart or folder at Evergreen Homecare Services of NY Inc. 19. Copies of the federal income tax returns of and for Evergreen Homecare Services of NY, Inc. and any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015 through 2020. 20. Copies of any and all profit and loss and income statements of and for Evergreen Homecare Services of NY, Inc. for the period from March 1, 2019 to May 31, 2021. 21. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee or contractor of SR Homecare of New York, Inc. and/or of Evergreen Homecare Services of NY, Inc. during the period from May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to May 31, 2021 became an employee of Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity. 22. Copies of the respective stock certificates issued to or for each person or entity who was a stockholder of Evergreen Homecare Services of NY, Inc. for or during the period from May 1, 2016 to May 31, 2021. 23. For or during the period from May 1, 2016 to May 31, 2021, copies of any and all stockholders’ agreements applicable to or for the respective stockholders of Evergreen Homecare Services of NY, Inc. 24. Copies of any documents which, for the period from May 1, 2016 to date, show, reflect, indicate or set forth the respective ownership interest, number of shares or percentages and capital accounts of each stockholder of Evergreen Homecare Services of NY, Inc. 25. Copies of any and all agreements and contracts entered into between SR Homecare of NY, Inc. and Evergreen Homecare Service of NY, Inc. 26. Copies of any notices or letters sent or given from SR Homecare of NY, Inc. and/or from Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity to any client, patient or customer of either entity mentioning, explaining, describing, soliciting or discussing the transfer, transition, take over or change from one entity to another in the providing of various services to said clients, patients or customers. 7 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 27. Copies of any licenses or approvals issued by any agency or department of the State of New York during the period from May 15, 2015 to May 31, 2021 to Evergreen Homecare Services of NY, Inc. with respect to the operation and management by it of an adult day care center. 28. Copies of any documents showing or reflecting the source and manner from which and/or in which Plaintiff received her periodic salary, other compensation and/or distribution of the profits or dividends of or from SR Homecare of NY, Inc. and/or of or from Evergreen Homecare Service of NY, Inc. during the period from May 1, 2016 to March 15, 2019. 29. Copies of any statements, accounting or reports prepared for or by Daniel Park for the years 2017 to 2020 showing his receipt, as manager, of any revenue, income and expenses from the operation of Elim Home Care Agency, LLC. 30. Copies of any periodic statements, accountings, billings or reports prepared by or for Elim Home Care Agency for the years 2017 to 2020 of and for Elim Home Care Agency, LLC. 31. Copies of any profit and losses and statements prepared by or for Elim Home Care Agency, LLC. for the period from June 1, 2017 to May 31, 2021. 32. Copies of the first page of the client, patient or customer billing and payments record, sheet, chart or folder of each and every client, patient or customer of Elim Home Care Agency, LLC during the period from June 1, 2017 to May 31, 2021. 33. For each client, patient or customer referred to in response to Request No. 32 who, during the period from June 1, 2017 to May 31, 2021, became a client, patient or customer of Evergreen Homecare Services of NY, Inc., a copy of his or her billing and payments record, sheet, chart or folder. 34. Copies of any and all agreements and contracts entered into by and between and among Daniel Park, Hyunjong Tammy Koo and Byungki Koo relating to the operation, management, profit-sharing, distribution-sharing of revenues derived and received from Elim Home Care Agency, LLC. 35. During the period since June 1, 2017, copies or records of any accountings, reports, statements, payments, remittances, disbursements and or distributions of funds (i.e. by check, cash, electronic funds or wire transfer, direct deposit, etc.) made by Daniel Park to Hyunjong Tammy Koo and/or to Byungki Koo for or in regard to any and all revenue, profit or income received or collected by Daniel Park or Elim Home Care Agency, LLC in connection with or arising from the operation and management of Elim Home Care Agency, LLC. 36. Copies of any and all agreements and contracts between Daniel Park and any other person relating to his sharing in, distributing, paying out or remitting funds for or in regard to any and 8 07/31/2022 10:51 FILED: QUEENS COUNTY CLERK 02/14/2023 02:21 PM AM INDEX NO. 707381/2019 87 NYSCEF DOC. NO. 120 07/31/2022 RECEIVED NYSCEF: 02/14/2023 all revenue, profit or income received or collected by Daniel Park in connection with or arising from the operation and management of Elim Home Care Agency, LLC. 37. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee, consultant or contractor of Elim Home Care Agency during the period from June 1, 2017 to date. Dated: June 9, 2021 Yours, etc. /s/ Jin Han, Esq. Law Offices of Jin Han, P.C 100 Park Avenue, Suite 1600 New York, NY 10017 Tel (917) 701-7976 jinhan@jinhanlaw.com Attorney for Plaintiffs 9