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Filing # 132585991 E-Filed 08/12/2021 04:44:51 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
NEW WORLD TRADE, INC., a Florida
corporation, and WAHOO FISHING
PRODUCTS, INC., a Florida corporation,
Plaintiffs,
21000940CA
VS. CASE NO.:
CONTINENTAL SPORTS, INC., a foreign
corporation, FLAMINGO, SRL, a foreign
limited liability company, FLAMINGO
TACKLE, SRL, a foreign limited liability
company, TALL PINES TACKLE, INC., a
Florida corporation, MICHAEL VUKETS,
individually, BARRY KEAST, individually,
RICHARD KOVACS, individually, MARK
WELLE, individually, and MARYLLIAN
WELLE, individually,
Defendants.
VERIFIED COMPLAINT
COME NOW the Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
PRODUCTS, INC., by and through its undersigned attorneys, and sues the Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL
PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK
WELLE, and MARYLLIAN WELLE, and alleges:
JURISDICTION AND PARTIES
1 This is an action which includes a demand for damages in excess of $30,000,
exclusive of attorneys’ fees, costs, and interest.
2 Plaintiff, NEW WORLD TRADE, INC. (hereinafter “NWT”), is a Florida
corporation with a principal address in Charlotte County, Florida.
3 Plaintiff, WAHOO FISHING PRODUCTS, INC. (“WFP”), is a Florida
corporation with a principal address in Charlotte County, Florida.
4 Defendant, CONTINENTAL SPORTS, INC. (hereinafter “CSI’), is a foreign
corporation doing business in Charlotte County, Florida.
5 Defendant, FLAMINGO, SRL. (hereinafter “Flamingo”), is a foreign limited
liability company doing business in Charlotte County, Florida.
6. Defendant, FLAMINGO TACKLE, SRL. (hereinafter “Flamingo Tackle”), is a
foreign limited liability company doing business in Charlotte County, Florida.
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Defendant, TALL PINES TACKLE, INC. (hereinafter “Tall Pines”), is a Florida
corporation doing business in Charlotte County, Florida and is a wholly owned subsidiary of
Flamingo Tackle.
8 Defendant, MICHAEL VUKETS (hereinafter “Vukets”), is a director, officer, and
shareholder of CSI.
9. Defendant, BARRY KEAST (hereinafter “Keast”), is a director, officer, and
shareholder of CSI.
10. Defendants, Vukets and Keast are the controlling shareholders of Flamingo
Tackle.
11. Defendant, RICHARD KOVACS (hereinafter “Kovacs”), is President of Tall
Pines, is an “operational partner” with Vukets and Keast in Flamingo Tackle and on information
and belief is a 10% shareholder of Flamingo Tackle.
12. Defendant, MARK WELLE, is an officer of Flamingo, is President of Flamingo
Tackle and is an “operational partner” with Vukets and Keast in Flamingo Tackle and on
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information and belief is a 10% shareholder of Flamingo Tackle.
13. Defendant, MARYLLIAN WELLE, is the wife of Mark Welle and is the owner
and controlling shareholder of Flamingo.
14. Venue is proper in Charlotte County, Florida as the cause of action accrued in
Charlotte County, Florida, and Plaintiff suffered damages in Charlotte County, Florida where its
principal place of business is located.
GENERAL ALLEGATIONS
1S. NWT and WFP (hereinafter collectively referred to as “Plaintiffs”) are engaged in
the business of the manufacture, sale and distribution of fishing tackle products.
16. In its regular course of business, Plaintiffs receive purchase orders directly from
their customers using their own proprietary customer list, pricing, product offerings, and supply
chain methods. The purchase order is entered into a secured inventory and sales system as a
Purchase Order and given a unique Sales Order reference number for tracking.
17. In its regular course of business over many years, Plaintiffs send their Sales Order
to be manufactured at two facilities: (i) Flamingo, with manufacturing facilities in the Dominican
Republic, and (ii) Fishing Tackle Products, S.A. (“FTP”), with manufacturing facilities in Haiti.
18. At all material times, Plaintiffs, Flamingo and FTP have been operated as an
integrated family business for the manufacture, sale and distribution of fishing tackle products.
Glen R. Welle, the father of Mark Welle, is the controlling shareholder of Plaintiffs and FTP and
is the president and director of Plaintiffs.
19. In order to fulfill the Sales Orders, Plaintiffs provide Flamingo with access to the
secured inventory and sales system, allowing Flamingo to utilize the reference number for each
Sales Order.
20. Plaintiffs, at Plaintiffs’ sole expense, provided Flamingo with all raw materials,
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packaging supplies, equipment, and operating capital needed in order to manufacture the finished
products and fulfill Sales Orders for products manufactured by Flamingo and for products
manufactured by FTP, in accordance with Flamingo’s and FTP’s agreed price list for each
product per the Plaintiffs’ Universal Product Codes for each such product.
21. Once the products are manufactured, the finished products are packaged and
consolidated at Flamingo’s facility and returned to Plaintiffs with a packing list by product for
final distribution and invoicing to Plaintiff's customers.
22. Periodically, through the maintenance of inter-company accounts, a
reconciliation is made between Plaintiffs’ and Flamingo between the cost of finished product
manufactured by Flamingo and FTP received by Plaintiffs’ and the value at cost of the raw
materials, equipment and operating capital provided by Plaintiffs’ to Flamingo.
23. Defendant, RICHARD KOVACS (hereinafter “Kovacs”), is a former key
employee of NWT. During his employment with NWT, Kovacs had an intimate working
knowledge of all Plaintiffs’ operations, processes, procedures, and business practices.
24. At all relevant times hereto, Kovacs had unlimited access to Plaintiffs’ proprietary
information and trade secrets, including, without limitation, Plaintiffs’ purchase orders from
customer, sales orders to Flamingo and FTP, customer lists, pricing models, Sales Order
management systems, supply chain management, vendors, and financial records.
25. At all relevant times hereto, Defendant, MARK WELLE, also had a complete
working knowledge of all Plaintiffs’ operations, processes, procedures, and business practices.
26. As such, at all relevant times hereto, Flamingo, Mark Welle, and Maryllian Welle
were also privy to Plaintiffs’ proprietary information and trade secrets, including, without
limitation, Plaintiffs’ customer lists, sales orders, pricing models, Sales Order management
systems, supply chain management, vendor information, and financial records.
27. Defendant, CONTINENTAL SPORTS, INC. (hereinafter “CST”), is a Canadian
corporation based in Winnipeg, Canada. CSI is a wholesale distributor of fishing, hunting,
camping, and other outdoor recreational products. CSI sells and distributes such products to
independent retailers, including, without limitation, retail chain stores, hardware stores,
convenience stores, grocery stores, marinas, tackle shops, feed & seed stores, souvenir shops, gas
stations, and gift stores.
28. At all relevant times hereto, CSI was a customer of Plaintiffs, and CSI regularly
placed Purchase Orders with Plaintiffs for fishing lures and related products.
29. Once CSI received finished products from Plaintiffs, CSI would sell and distribute
the products to its own customers.
30. In June of 2021, Plaintiffs discovered that Kovacs, Mark Welle, and Maryllian
Welle had surreptitiously been negotiating with Defendants, MICHAEL VUKETS and BARRY
KEAST, to broker the sale of the assets of Flamingo to an entity controlled by Vukets and Keast.
31. The sale of the assets of Flamingo to Flamingo Tackle was in furtherance of a
conspiracy to cut Plaintiffs out of the supply chain and vertically integrate CSI’s product
procurement. In essence, CSI would subvert Plaintiffs by receiving finished products directly
from newly formed captive entities, Flamingo Tackle and Tall Pines, as well as selling product
directly to Plaintiffs’ customers.
32. CSI would be unable to negotiate and perform the due diligence on such a
transaction without Plaintiffs’ knowledge, unless illegally aided by a party with knowledge of
Plaintiffs’ pending purchase orders for millions of dollars of products, customer lists, pricing
models, Sales Order management systems, supply chain management, vendor information, and
financial information.
33. To that end, Kovacs, Mark Welle, and Maryllian Welle, without the knowledge or
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approval of Plaintiffs, unlawfully appropriated, disseminated, disclosed, and divulged Plaintiffs’
proprietary information and trade secrets to CSI. These trade secrets included, without limitation,
all of Plaintiffs’ pending purchase order for millions of dollars of products, Plaintiffs’ customer
lists, pricing models, Sales Order management systems, and supply chain management systems,
vendor information, and financial records.
34. Kovacs, Mark Welle, and Maryllian Welle made such disclosures to CSI for their
own pecuniary gain and with the intent to harm and damage Plaintiffs’ business and relationship
with their customers.
35. CSI, and its principals, Keast and Vukets, were aware or should have been aware
that the information being disclosed to them by Kovacs, Mark Welle, and Maryllian Welle was
proprietary in nature and constituted protected trade secrets of Plaintiffs’.
36. Nonetheless, CSI, Keast, and Vukets accepted such protected information and
utilized the same to their pecuniary benefit and to the disadvantage and harm to Plaintiffs.
37. Subsequently, CSI, Keast, and Vukets, along with Flamingo, Kovacs, Mark
Welle, and Maryllian Welle conspired to misappropriate trade secrets belonging to Plaintiffs, as
well as tortuously interfere with the business relationship between Plaintiffs and their customers.
38. In July of 2021, Flamingo Tackle’s purchase of the assets of Flamingo closed, and
Keast, Vukets, Kovacs, and Mark Welle established a new entity to sell products directly to
Plaintiffs’ customers with facilities in Punta Gorda, Florida. This new entity is Tall Pines Tackle,
Inc.
39. At the time Flamingo Tackle purchased the assets of Flamingo, Flamingo was
holding large quantities of Sales Orders, raw materials, and finished products provided by NWT
Flamingo and the cost of production for which was paid by NWT, as well as sales orders and
packaging materials belonging to Wahoo Fishing Products. The resulting finished products made
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were intended for sale to Plaintiffs’ customers.
40. However, acting upon the conspiracy to damage Plaintiffs’ business, Flamingo
Tackle refused to send and release such Sales Orders, raw materials, and finished products back
to Plaintiffs and has claimed ownership of the raw materials, packaging and finished products
manufactured by FTP. Instead, Flamingo Tackle converted to its own use Plaintiffs’ Sales
Orders, raw materials, operating capital provided to Flamingo, packaging and finished products,
thereby depriving Plaintiffs of the benefit of Sales Orders, raw materials, operating capital
provided to Flamingo, packaging and finished products and preventing Plaintiffs from selling the
finished products to its customers.
Al. Flamingo Tackle has stolen, converted, and misappropriated Plaintiffs’ Sales
Orders, raw materials, operating capital provided to Flamingo and finished product and now
seeks to sell the finished product to its own customers via Tall Pines, together with claiming
ownership of the raw materials, packaging and finished product manufactured by FTP.
42. CSI, Keast, and Vukets, along with Flamingo, Kovacs, Mark Welle and,
Maryllian Welle have caused immediate and immense damage to Plaintiffs. Not only have
Plaintiffs’ trade secrets, proprietary information, and tangible finished products been stolen, but
Plaintiffs’ customers and vendors have ceased doing business with Plaintiffs, as customers and
vendors are now confused as to who should be paid for their Sales Orders and/or supplies —
Plaintiffs or CSI/Tall Pines.
43, The above wrongful actions by CSI, Keast, and Vukets, along with Flamingo,
Kovacs, Mark Welle, and Maryllian Welle were premediated and carefully planned in concert
with one another. Further, the conspiracy and resulting wrongful acts were carried out with intent
to harm and damage Plaintiffs, their business, and their goodwill with its customers and vendors.
44. All conditions precedent to this action have been fulfilled, waived, or otherwise
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satisfied.
45. Plaintiffs have retained the firm of Gray Robinson, P.A. to bring this action, and
Plaintiffs are obligated to pay a reasonable fee for their services.
46. Plaintiffs are entitled to recover their reasonable attorneys’ fees and costs from
Defendants.
47. Plaintiffs reserve the right to plead and seek leave of Court to demand punitive
damages from each listed Defendant, pending hearing and requisite approval from the Court.
COUNT I~ THEFT OF TRADE SECRETS
48. This is an action for damages exceeding $30,000, exclusive of attorneys’ fees,
interests, and costs, pursuant to Section 688.004, Fla. Stat. for theft and misappropriation of trade
secrets.
49, Plaintiffs re-allege the allegations of paragraphs 1-47 above and incorporates the
same herein by reference.
50. In the normal course of business, Plaintiffs utilized and protected their trade
secrets which include, but are not limited to, their purchase orders, customer lists, pricing
models, Sales Order management systems, supply chain management systems, vendor
information, and financial records. (hereinafter the “Trade Secrets”).
Sl. Plaintiffs derived independent economic value, actual or potential, from the Trade
Secrets not being generally known to, and not being readily ascertainable by proper means by,
other persons who can obtain economic value from its disclosure or use.
52. Plaintiffs took reasonable measures to protect the Trade Secrets by not making
them available to the general public and keeping them in secured locations and under secure
conditions.
53. Kovacs, Mark Welle, and Maryllian Welle each had access to the Trade Secrets,
and Kovacs, Mark Welle, and Maryllian Welle knew the Trade Secrets held special value to
Plaintiffs.
54. Kovacs, Mark Welle, and Maryllian Welle knew Plaintiffs took reasonable
measures to maintain the secrecy of the Trade Secrets.
55. Kovacs, Mark Welle, and Maryllian Welle misappropriated the Trade Secrets
without the knowledge or consent of Plaintiffs, and Kovacs, Mark Welle, and Maryllian Welle
unlawfully disclosed the Trade Secrets to Keast, and Vukets.
56. Keast and Vukets acquired the Trade Secrets when they knew or should have
known that the Trade Secrets were obtained and disclosed by improper means.
57. Keast and Vukets knew or should have known that Kovacs, Mark Welle, and
Maryllian Welle had a duty to maintain the secrecy of the Trade Secrets, and that disclosure of
the Trade Secrets was not authorized by Plaintiffs.
58. Keast and Vukets knew or should have known that the Trade Secrets were
acquired under circumstances giving rise to a duty to maintain their secrecy or limit its use and
that Kovacs, Mark Welle, and Maryllian Welle owed a duty to Plaintiffs to maintain their
secrecy or limit their use.
59. Kovacs, Mark Welle, and Maryllian Welle’s theft, misappropriation, and unlawful
disclosure of the Trade Secrets was done willfully and maliciously with the intent to damage the
business of Plaintiff and seek pecuniary gain and benefit for themselves.
60. As a result of Kovacs, Mark Welle, and Maryllian Welle’s theft,
misappropriation, and unlawful disclosure of the Trade Secrets, Plaintiffs have been damaged.
61. Keast and Vukets acquisition, appropriation, and use of the Trade Secrets was
done willfully and maliciously with the intent to damage the business of Plaintiffs and to seek
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pecuniary gain and benefit for themselves.
62. Keast and Vukets acquisition, appropriation, and use of the Trade Secrets has
caused damage to Plaintiffs.
63. Plaintiffs have retained the firm of GrayRobinson, P.A. to bring this action, and
Plaintiffs are obligated to pay a reasonable fee for their services.
64. Plaintiffs are entitled to recover their reasonable attorneys’ fees and costs from
Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, pursuant to Section 688.005, Fla. Stat.
WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC.,
MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and
MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs.
COUNT II - CONVERSION
65. This is an action for damages exceeding $30,000.00, exclusive of interest, costs,
and attorneys’ fees, for conversion.
66. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by
reference.
67. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, have converted, either directly or indirectly, for their own
use and benefit, the property belonging to Plaintiffs, to wit: Plaintiffs’ Purchase Orders, raw
materials, packaging, operational capital furnished to Flamingo, finished products, vendor
information and financial records (“Property”).
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68. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, conversion has deprived Plaintiffs of the use and benefit of
the Property, and Plaintiffs have been prevented from obtaining, possessing, and selling the
Property to their customers.
69. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, conversion was premeditated, intentional, willful, and
malicious, and it was carried out with the intent to harm and damage Plaintiffs.
70. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, conversion has caused damage to Plaintiffs.
WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO SRL, FLAMINGO TACKLE, SRL, TALL
PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK
WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and
costs.
COUNT Il] —- TORTIOUS INTERFERENCE
71. This is an action for damages exceeding $30,000.00, exclusive of interest, costs,
and attorneys’ fees, for tortious interference with a business relationship.
72. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by
reference.
73. At all material times hereto, Plaintiffs enjoyed goodwill and a beneficial business
relationship with their customers and vendors.
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74. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, were aware of Plaintiffs’ business relationship with their
customers.
75. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, intentionally and unjustifiably interfered with the business
relationship between Plaintiffs and their customers.
76. The wrongful actions by Defendants, CSI, Flamingo, Flamingo Tackle, Tall
Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, to wit: theft and
misappropriation of trade secrets, business property, and proprietary information from NWT,
was for the purpose of stealing Plaintiffs’ business and customers, and diverting those customers
to buy product directly from CSI or Tall Pines, instead of Plaintiffs.
77. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, induced Plaintiffs’ customers to break their contractual and
business relationships with Plaintiffs and begin doing business exclusively with CSI and Tall
Pines.
78. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, used the unlawfully and improperly acquired Trade Secrets
to interfere with the business relationship between Plaintiffs and their customers.
79. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, actions were carried out with a malicious and harmful
intent, and they were not in furtherance of legitimate business competition.
80. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, wrongful actions have damaged Plaintiffs.
WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
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PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL
PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK
WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and
costs.
COUNT IV — CONSPIRACY
81. This is an action for damages exceeding $30,000.00, exclusive of interest, costs,
and attorneys’ fees, for conspiracy.
82. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by
reference.
83. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, conspired with one another to commit an unlawful act, to
wit: theft of the Trade Secrets, misappropriation and unauthorized use of the Trade Secrets,
conversion of Plaintiffs’ property, and tortious interference with a business relationship.
84. Each of the Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs,
Mark Welle, Maryllian Welle, Keast, and Vukets, has committed an act in furtherance of the
conspiracy.
85. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle,
Maryllian Welle, Keast, and Vukets, actions performed in furtherance of the conspiracy have
damaged Plaintiffs.
WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL
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PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK
WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and
costs.
COUNT V— REPLEVIN
86. This is an action for damages exceeding $30,000.00, exclusive of interest, costs,
and attorneys’ fees, for replevin, pursuant to Section 78.01, Fla. Stat.
87. Plaintiffs re-allege paragraphs 1-47 and 65-70 above and incorporates them herein
by reference.
88. Defendants, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, have
converted property lawfully belonging to Plaintiffs, to wit: Plaintiffs’ Purchase Orders, raw
materials, packaging, operational capital furnished to Flamingo and finished products.
89. Defendants, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, have used
the corporate entities and instrumentalities of Defendants, CSI, Flamingo, Flamingo Tackle, and
Tall Pines to carry out and maintain the conversion.
90. Plaintiffs are entitled to a return of their property from the Defendants.
91. Plaintiffs are also entitled to any damages sustained by reason of the Defendants’
wrongful taking and conversion.
92. The property sought has not been taken for a tax, assessment, or fine pursuant to
law. Rather, it was taken unlawfully and through illegal means by Defendants, Kovacs, Mark
Welle, Maryllian Welle, Keast, and Vukets through the corporate entities and instrumentalities of
Defendants, CSI, Flamingo, Flamingo Tackle, and Tall Pines.
93. The property sought has not been taken under an execution or attachment against
the property of the Plaintiffs.
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WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING
PRODUCTS, INC., demand a Writ of Replevin, along with a judgment for damages sustained as
a result of the improper taking and conversion, in favor of Plaintiffs and against Defendants,
CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL
PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK
WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and
costs.
RESERVATION FOR PUNITIVE DAMAGES
Plaintiff reserves the right to plead and seek leave of Court to demand punitive damages
from each listed Defendant, pending hearing and requisite approval from the Court.
DEMAND FOR JURY TRIAL
Plaintiff hereby requests a trial by jury on all issues so triable.
DATED this 12th day of August, 2021.
Matthew B. Roepstorff
Matthew B. Roepstorff / Florida Bar No. 91617
Attorney for Plaintiffs
GrayRobinson, P. A.
1404 Dean Street, Suite 300
Fort Myers, FL 33901
(239) 340-7936
(239) 321-5334 facsimile
Matthew.roepstorff@gray-robinson.com
Anne.migliore@gray-robinson.com
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Nien CSE Tne., etal.
VERIFICATION PAGE
1, Marta Eagle, am an officer and authorized agent for NEW WORLD TRADE, INC. and
WAHOO FISHING PRODUCTS, INC. | have read the allegations contained in the Verified
of affirm that
Complaint, and | have personal knowledge of each of the allegations therein. | swear
all allegations in the Verified Complaint are true and accurate to the best of my knowledge.
Executed this LO day of August, 2021.
NEW WORLD TRADE, INC.
WAHOO FISHING PRODUCTS, INC.
Preview
Filing # 132585991 E-Filed 08/12/2021 04:44:51 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION NEW WORLD TRADE, INC., a Florida corporation, and WAHOO FISHING PRODUCTS, INC., a Florida corporation, Plaintiffs, 21000940CA VS. CASE NO.: CONTINENTAL SPORTS, INC., a foreign corporation, FLAMINGO, SRL, a foreign limited liability company, FLAMINGO TACKLE, SRL, a foreign limited liability company, TALL PINES TACKLE, INC., a Florida corporation, MICHAEL VUKETS, individually, BARRY KEAST, individually, RICHARD KOVACS, individually, MARK WELLE, individually, and MARYLLIAN WELLE, individually, Defendants. VERIFIED COMPLAINT COME NOW the Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC., by and through its undersigned attorneys, and sues the Defendants, CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, and alleges: JURISDICTION AND PARTIES 1 This is an action which includes a demand for damages in excess of $30,000, exclusive of attorneys’ fees, costs, and interest. 2 Plaintiff, NEW WORLD TRADE, INC. (hereinafter “NWT”), is a Florida corporation with a principal address in Charlotte County, Florida. 3 Plaintiff, WAHOO FISHING PRODUCTS, INC. (“WFP”), is a Florida corporation with a principal address in Charlotte County, Florida. 4 Defendant, CONTINENTAL SPORTS, INC. (hereinafter “CSI’), is a foreign corporation doing business in Charlotte County, Florida. 5 Defendant, FLAMINGO, SRL. (hereinafter “Flamingo”), is a foreign limited liability company doing business in Charlotte County, Florida. 6. Defendant, FLAMINGO TACKLE, SRL. (hereinafter “Flamingo Tackle”), is a foreign limited liability company doing business in Charlotte County, Florida. 7 Defendant, TALL PINES TACKLE, INC. (hereinafter “Tall Pines”), is a Florida corporation doing business in Charlotte County, Florida and is a wholly owned subsidiary of Flamingo Tackle. 8 Defendant, MICHAEL VUKETS (hereinafter “Vukets”), is a director, officer, and shareholder of CSI. 9. Defendant, BARRY KEAST (hereinafter “Keast”), is a director, officer, and shareholder of CSI. 10. Defendants, Vukets and Keast are the controlling shareholders of Flamingo Tackle. 11. Defendant, RICHARD KOVACS (hereinafter “Kovacs”), is President of Tall Pines, is an “operational partner” with Vukets and Keast in Flamingo Tackle and on information and belief is a 10% shareholder of Flamingo Tackle. 12. Defendant, MARK WELLE, is an officer of Flamingo, is President of Flamingo Tackle and is an “operational partner” with Vukets and Keast in Flamingo Tackle and on 2 information and belief is a 10% shareholder of Flamingo Tackle. 13. Defendant, MARYLLIAN WELLE, is the wife of Mark Welle and is the owner and controlling shareholder of Flamingo. 14. Venue is proper in Charlotte County, Florida as the cause of action accrued in Charlotte County, Florida, and Plaintiff suffered damages in Charlotte County, Florida where its principal place of business is located. GENERAL ALLEGATIONS 1S. NWT and WFP (hereinafter collectively referred to as “Plaintiffs”) are engaged in the business of the manufacture, sale and distribution of fishing tackle products. 16. In its regular course of business, Plaintiffs receive purchase orders directly from their customers using their own proprietary customer list, pricing, product offerings, and supply chain methods. The purchase order is entered into a secured inventory and sales system as a Purchase Order and given a unique Sales Order reference number for tracking. 17. In its regular course of business over many years, Plaintiffs send their Sales Order to be manufactured at two facilities: (i) Flamingo, with manufacturing facilities in the Dominican Republic, and (ii) Fishing Tackle Products, S.A. (“FTP”), with manufacturing facilities in Haiti. 18. At all material times, Plaintiffs, Flamingo and FTP have been operated as an integrated family business for the manufacture, sale and distribution of fishing tackle products. Glen R. Welle, the father of Mark Welle, is the controlling shareholder of Plaintiffs and FTP and is the president and director of Plaintiffs. 19. In order to fulfill the Sales Orders, Plaintiffs provide Flamingo with access to the secured inventory and sales system, allowing Flamingo to utilize the reference number for each Sales Order. 20. Plaintiffs, at Plaintiffs’ sole expense, provided Flamingo with all raw materials, 3 packaging supplies, equipment, and operating capital needed in order to manufacture the finished products and fulfill Sales Orders for products manufactured by Flamingo and for products manufactured by FTP, in accordance with Flamingo’s and FTP’s agreed price list for each product per the Plaintiffs’ Universal Product Codes for each such product. 21. Once the products are manufactured, the finished products are packaged and consolidated at Flamingo’s facility and returned to Plaintiffs with a packing list by product for final distribution and invoicing to Plaintiff's customers. 22. Periodically, through the maintenance of inter-company accounts, a reconciliation is made between Plaintiffs’ and Flamingo between the cost of finished product manufactured by Flamingo and FTP received by Plaintiffs’ and the value at cost of the raw materials, equipment and operating capital provided by Plaintiffs’ to Flamingo. 23. Defendant, RICHARD KOVACS (hereinafter “Kovacs”), is a former key employee of NWT. During his employment with NWT, Kovacs had an intimate working knowledge of all Plaintiffs’ operations, processes, procedures, and business practices. 24. At all relevant times hereto, Kovacs had unlimited access to Plaintiffs’ proprietary information and trade secrets, including, without limitation, Plaintiffs’ purchase orders from customer, sales orders to Flamingo and FTP, customer lists, pricing models, Sales Order management systems, supply chain management, vendors, and financial records. 25. At all relevant times hereto, Defendant, MARK WELLE, also had a complete working knowledge of all Plaintiffs’ operations, processes, procedures, and business practices. 26. As such, at all relevant times hereto, Flamingo, Mark Welle, and Maryllian Welle were also privy to Plaintiffs’ proprietary information and trade secrets, including, without limitation, Plaintiffs’ customer lists, sales orders, pricing models, Sales Order management systems, supply chain management, vendor information, and financial records. 27. Defendant, CONTINENTAL SPORTS, INC. (hereinafter “CST”), is a Canadian corporation based in Winnipeg, Canada. CSI is a wholesale distributor of fishing, hunting, camping, and other outdoor recreational products. CSI sells and distributes such products to independent retailers, including, without limitation, retail chain stores, hardware stores, convenience stores, grocery stores, marinas, tackle shops, feed & seed stores, souvenir shops, gas stations, and gift stores. 28. At all relevant times hereto, CSI was a customer of Plaintiffs, and CSI regularly placed Purchase Orders with Plaintiffs for fishing lures and related products. 29. Once CSI received finished products from Plaintiffs, CSI would sell and distribute the products to its own customers. 30. In June of 2021, Plaintiffs discovered that Kovacs, Mark Welle, and Maryllian Welle had surreptitiously been negotiating with Defendants, MICHAEL VUKETS and BARRY KEAST, to broker the sale of the assets of Flamingo to an entity controlled by Vukets and Keast. 31. The sale of the assets of Flamingo to Flamingo Tackle was in furtherance of a conspiracy to cut Plaintiffs out of the supply chain and vertically integrate CSI’s product procurement. In essence, CSI would subvert Plaintiffs by receiving finished products directly from newly formed captive entities, Flamingo Tackle and Tall Pines, as well as selling product directly to Plaintiffs’ customers. 32. CSI would be unable to negotiate and perform the due diligence on such a transaction without Plaintiffs’ knowledge, unless illegally aided by a party with knowledge of Plaintiffs’ pending purchase orders for millions of dollars of products, customer lists, pricing models, Sales Order management systems, supply chain management, vendor information, and financial information. 33. To that end, Kovacs, Mark Welle, and Maryllian Welle, without the knowledge or 5 approval of Plaintiffs, unlawfully appropriated, disseminated, disclosed, and divulged Plaintiffs’ proprietary information and trade secrets to CSI. These trade secrets included, without limitation, all of Plaintiffs’ pending purchase order for millions of dollars of products, Plaintiffs’ customer lists, pricing models, Sales Order management systems, and supply chain management systems, vendor information, and financial records. 34. Kovacs, Mark Welle, and Maryllian Welle made such disclosures to CSI for their own pecuniary gain and with the intent to harm and damage Plaintiffs’ business and relationship with their customers. 35. CSI, and its principals, Keast and Vukets, were aware or should have been aware that the information being disclosed to them by Kovacs, Mark Welle, and Maryllian Welle was proprietary in nature and constituted protected trade secrets of Plaintiffs’. 36. Nonetheless, CSI, Keast, and Vukets accepted such protected information and utilized the same to their pecuniary benefit and to the disadvantage and harm to Plaintiffs. 37. Subsequently, CSI, Keast, and Vukets, along with Flamingo, Kovacs, Mark Welle, and Maryllian Welle conspired to misappropriate trade secrets belonging to Plaintiffs, as well as tortuously interfere with the business relationship between Plaintiffs and their customers. 38. In July of 2021, Flamingo Tackle’s purchase of the assets of Flamingo closed, and Keast, Vukets, Kovacs, and Mark Welle established a new entity to sell products directly to Plaintiffs’ customers with facilities in Punta Gorda, Florida. This new entity is Tall Pines Tackle, Inc. 39. At the time Flamingo Tackle purchased the assets of Flamingo, Flamingo was holding large quantities of Sales Orders, raw materials, and finished products provided by NWT Flamingo and the cost of production for which was paid by NWT, as well as sales orders and packaging materials belonging to Wahoo Fishing Products. The resulting finished products made 6 were intended for sale to Plaintiffs’ customers. 40. However, acting upon the conspiracy to damage Plaintiffs’ business, Flamingo Tackle refused to send and release such Sales Orders, raw materials, and finished products back to Plaintiffs and has claimed ownership of the raw materials, packaging and finished products manufactured by FTP. Instead, Flamingo Tackle converted to its own use Plaintiffs’ Sales Orders, raw materials, operating capital provided to Flamingo, packaging and finished products, thereby depriving Plaintiffs of the benefit of Sales Orders, raw materials, operating capital provided to Flamingo, packaging and finished products and preventing Plaintiffs from selling the finished products to its customers. Al. Flamingo Tackle has stolen, converted, and misappropriated Plaintiffs’ Sales Orders, raw materials, operating capital provided to Flamingo and finished product and now seeks to sell the finished product to its own customers via Tall Pines, together with claiming ownership of the raw materials, packaging and finished product manufactured by FTP. 42. CSI, Keast, and Vukets, along with Flamingo, Kovacs, Mark Welle and, Maryllian Welle have caused immediate and immense damage to Plaintiffs. Not only have Plaintiffs’ trade secrets, proprietary information, and tangible finished products been stolen, but Plaintiffs’ customers and vendors have ceased doing business with Plaintiffs, as customers and vendors are now confused as to who should be paid for their Sales Orders and/or supplies — Plaintiffs or CSI/Tall Pines. 43, The above wrongful actions by CSI, Keast, and Vukets, along with Flamingo, Kovacs, Mark Welle, and Maryllian Welle were premediated and carefully planned in concert with one another. Further, the conspiracy and resulting wrongful acts were carried out with intent to harm and damage Plaintiffs, their business, and their goodwill with its customers and vendors. 44. All conditions precedent to this action have been fulfilled, waived, or otherwise 7 satisfied. 45. Plaintiffs have retained the firm of Gray Robinson, P.A. to bring this action, and Plaintiffs are obligated to pay a reasonable fee for their services. 46. Plaintiffs are entitled to recover their reasonable attorneys’ fees and costs from Defendants. 47. Plaintiffs reserve the right to plead and seek leave of Court to demand punitive damages from each listed Defendant, pending hearing and requisite approval from the Court. COUNT I~ THEFT OF TRADE SECRETS 48. This is an action for damages exceeding $30,000, exclusive of attorneys’ fees, interests, and costs, pursuant to Section 688.004, Fla. Stat. for theft and misappropriation of trade secrets. 49, Plaintiffs re-allege the allegations of paragraphs 1-47 above and incorporates the same herein by reference. 50. In the normal course of business, Plaintiffs utilized and protected their trade secrets which include, but are not limited to, their purchase orders, customer lists, pricing models, Sales Order management systems, supply chain management systems, vendor information, and financial records. (hereinafter the “Trade Secrets”). Sl. Plaintiffs derived independent economic value, actual or potential, from the Trade Secrets not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 52. Plaintiffs took reasonable measures to protect the Trade Secrets by not making them available to the general public and keeping them in secured locations and under secure conditions. 53. Kovacs, Mark Welle, and Maryllian Welle each had access to the Trade Secrets, and Kovacs, Mark Welle, and Maryllian Welle knew the Trade Secrets held special value to Plaintiffs. 54. Kovacs, Mark Welle, and Maryllian Welle knew Plaintiffs took reasonable measures to maintain the secrecy of the Trade Secrets. 55. Kovacs, Mark Welle, and Maryllian Welle misappropriated the Trade Secrets without the knowledge or consent of Plaintiffs, and Kovacs, Mark Welle, and Maryllian Welle unlawfully disclosed the Trade Secrets to Keast, and Vukets. 56. Keast and Vukets acquired the Trade Secrets when they knew or should have known that the Trade Secrets were obtained and disclosed by improper means. 57. Keast and Vukets knew or should have known that Kovacs, Mark Welle, and Maryllian Welle had a duty to maintain the secrecy of the Trade Secrets, and that disclosure of the Trade Secrets was not authorized by Plaintiffs. 58. Keast and Vukets knew or should have known that the Trade Secrets were acquired under circumstances giving rise to a duty to maintain their secrecy or limit its use and that Kovacs, Mark Welle, and Maryllian Welle owed a duty to Plaintiffs to maintain their secrecy or limit their use. 59. Kovacs, Mark Welle, and Maryllian Welle’s theft, misappropriation, and unlawful disclosure of the Trade Secrets was done willfully and maliciously with the intent to damage the business of Plaintiff and seek pecuniary gain and benefit for themselves. 60. As a result of Kovacs, Mark Welle, and Maryllian Welle’s theft, misappropriation, and unlawful disclosure of the Trade Secrets, Plaintiffs have been damaged. 61. Keast and Vukets acquisition, appropriation, and use of the Trade Secrets was done willfully and maliciously with the intent to damage the business of Plaintiffs and to seek 9 pecuniary gain and benefit for themselves. 62. Keast and Vukets acquisition, appropriation, and use of the Trade Secrets has caused damage to Plaintiffs. 63. Plaintiffs have retained the firm of GrayRobinson, P.A. to bring this action, and Plaintiffs are obligated to pay a reasonable fee for their services. 64. Plaintiffs are entitled to recover their reasonable attorneys’ fees and costs from Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, pursuant to Section 688.005, Fla. Stat. WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants, CONTINENTAL SPORTS, INC., FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs. COUNT II - CONVERSION 65. This is an action for damages exceeding $30,000.00, exclusive of interest, costs, and attorneys’ fees, for conversion. 66. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by reference. 67. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, have converted, either directly or indirectly, for their own use and benefit, the property belonging to Plaintiffs, to wit: Plaintiffs’ Purchase Orders, raw materials, packaging, operational capital furnished to Flamingo, finished products, vendor information and financial records (“Property”). 10 68. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, conversion has deprived Plaintiffs of the use and benefit of the Property, and Plaintiffs have been prevented from obtaining, possessing, and selling the Property to their customers. 69. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, conversion was premeditated, intentional, willful, and malicious, and it was carried out with the intent to harm and damage Plaintiffs. 70. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, conversion has caused damage to Plaintiffs. WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants, CONTINENTAL SPORTS, INC., FLAMINGO SRL, FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs. COUNT Il] —- TORTIOUS INTERFERENCE 71. This is an action for damages exceeding $30,000.00, exclusive of interest, costs, and attorneys’ fees, for tortious interference with a business relationship. 72. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by reference. 73. At all material times hereto, Plaintiffs enjoyed goodwill and a beneficial business relationship with their customers and vendors. 11 74. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, were aware of Plaintiffs’ business relationship with their customers. 75. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, intentionally and unjustifiably interfered with the business relationship between Plaintiffs and their customers. 76. The wrongful actions by Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, to wit: theft and misappropriation of trade secrets, business property, and proprietary information from NWT, was for the purpose of stealing Plaintiffs’ business and customers, and diverting those customers to buy product directly from CSI or Tall Pines, instead of Plaintiffs. 77. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, induced Plaintiffs’ customers to break their contractual and business relationships with Plaintiffs and begin doing business exclusively with CSI and Tall Pines. 78. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, used the unlawfully and improperly acquired Trade Secrets to interfere with the business relationship between Plaintiffs and their customers. 79. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, actions were carried out with a malicious and harmful intent, and they were not in furtherance of legitimate business competition. 80. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, wrongful actions have damaged Plaintiffs. WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING 12 PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants, CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs. COUNT IV — CONSPIRACY 81. This is an action for damages exceeding $30,000.00, exclusive of interest, costs, and attorneys’ fees, for conspiracy. 82. Plaintiffs re-allege paragraphs 1-47 above and incorporates them herein by reference. 83. Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, conspired with one another to commit an unlawful act, to wit: theft of the Trade Secrets, misappropriation and unauthorized use of the Trade Secrets, conversion of Plaintiffs’ property, and tortious interference with a business relationship. 84. Each of the Defendants, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, has committed an act in furtherance of the conspiracy. 85. Defendants’, CSI, Flamingo, Flamingo Tackle, Tall Pines, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, actions performed in furtherance of the conspiracy have damaged Plaintiffs. WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC., demand judgment for damages in favor of Plaintiffs and against Defendants, CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL 13 PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs. COUNT V— REPLEVIN 86. This is an action for damages exceeding $30,000.00, exclusive of interest, costs, and attorneys’ fees, for replevin, pursuant to Section 78.01, Fla. Stat. 87. Plaintiffs re-allege paragraphs 1-47 and 65-70 above and incorporates them herein by reference. 88. Defendants, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, have converted property lawfully belonging to Plaintiffs, to wit: Plaintiffs’ Purchase Orders, raw materials, packaging, operational capital furnished to Flamingo and finished products. 89. Defendants, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets, have used the corporate entities and instrumentalities of Defendants, CSI, Flamingo, Flamingo Tackle, and Tall Pines to carry out and maintain the conversion. 90. Plaintiffs are entitled to a return of their property from the Defendants. 91. Plaintiffs are also entitled to any damages sustained by reason of the Defendants’ wrongful taking and conversion. 92. The property sought has not been taken for a tax, assessment, or fine pursuant to law. Rather, it was taken unlawfully and through illegal means by Defendants, Kovacs, Mark Welle, Maryllian Welle, Keast, and Vukets through the corporate entities and instrumentalities of Defendants, CSI, Flamingo, Flamingo Tackle, and Tall Pines. 93. The property sought has not been taken under an execution or attachment against the property of the Plaintiffs. 14 WHEREFORE, Plaintiffs, NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC., demand a Writ of Replevin, along with a judgment for damages sustained as a result of the improper taking and conversion, in favor of Plaintiffs and against Defendants, CONTINENTAL SPORTS, INC., FLAMINGO, SRL, FLAMINGO TACKLE, SRL, TALL PINES TACKLE, INC., MICHAEL VUKETS, BARRY KEAST, RICHARD KOVACS, MARK WELLE, and MARYLLIAN WELLE, along with an award of reasonable attorneys’ fees and costs. RESERVATION FOR PUNITIVE DAMAGES Plaintiff reserves the right to plead and seek leave of Court to demand punitive damages from each listed Defendant, pending hearing and requisite approval from the Court. DEMAND FOR JURY TRIAL Plaintiff hereby requests a trial by jury on all issues so triable. DATED this 12th day of August, 2021. Matthew B. Roepstorff Matthew B. Roepstorff / Florida Bar No. 91617 Attorney for Plaintiffs GrayRobinson, P. A. 1404 Dean Street, Suite 300 Fort Myers, FL 33901 (239) 340-7936 (239) 321-5334 facsimile Matthew.roepstorff@gray-robinson.com Anne.migliore@gray-robinson.com 15 Nien CSE Tne., etal. VERIFICATION PAGE 1, Marta Eagle, am an officer and authorized agent for NEW WORLD TRADE, INC. and WAHOO FISHING PRODUCTS, INC. | have read the allegations contained in the Verified of affirm that Complaint, and | have personal knowledge of each of the allegations therein. | swear all allegations in the Verified Complaint are true and accurate to the best of my knowledge. Executed this LO day of August, 2021. NEW WORLD TRADE, INC. WAHOO FISHING PRODUCTS, INC.