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Filing # 176235349 E-Filed 06/27/2023 01:59:49 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2020-014293-CA-01
In re:
COEX COFFEE INTERNATIONAL, INC.,
Assignor,
To:
PHILIP VON KAHLE,
Assignee.
________________________________________/
SUPPLEMENTAL PROCEEDING
CASE NO.: 2021-016033-CA-01
PHILIP VON KAHLE, in his capacity as
assignee for the benefit of the creditors of
COEX COFFEE INTERNATIONAL, INC.,
Plaintiff,
v.
ERNESTO ALVAREZ, ERNESTO
ROMERO,
Defendants.
________________________________________/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
TO DEFENDANT ERNESTO ALVAREZ
Plaintiff Philip von Kahle by and through undersigned counsel and pursuant to Rule 1.350
of the Florida Rules of Civil Procedure, hereby propounds its First Request for Production of
Documents to Defendant Ernesto Alvarez within the time prescribed by the Florida Rules of Civil
Procedure.
Dated: June 27, 2023 Respectfully submitted,
STEARNS WEAVER MILLER WEISSLER
ALAHADEFF & SITTERSON, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
Telephone: (305) 789-3200
Facsimile: (305) 789-3395
By: /s/ Giselle Gutierrez
EUGENE E. STEARNS
Florida Bar No. 0149335
estearns@stearnsweaver.com
DREW DILLWORTH
Florida Bar No. 0167835
ddillworth@stearnsweaver.com
JASON P. HERNANDEZ
Florida Bar No. 18598
jhernandez@stearnsweaver.com
ERIC J. SILVER
Florida Bar No. 057262
esilver@stearnsweaver.com
GISELLE GUTIERREZ
Florida Bar No. 100254
ggutierrez@stearnsweaver.com
- and -
PHANG & FELDMAN, P.A.
1125 NE 125 Street, Ste. 303
Miami, Florida 33161
Telephone: (305) 614-1223
By: s/ Kathleen S. Phang
KATHLEEN S. PHANG
Florida Bar No. 348650
katie@katiephang.com
feldman@katiephang.com
service@katiephang.com
Attorneys for Plaintiff Philip von Kahle
DEFINITIONS
1. The terms “Communication” and “Communications” shall mean any
communication however made including, but not limited to, correspondence, face-to-face
conversations, telephonic conversations, electronic transmissions, meetings, visits, conferences,
internal and external discussions, or any other kind of oral or written exchange between two or
more persons that has been recorded or transcribed in any way including, but not limited to,
letters, electronic mail, facsimiles, transcriptions, sound recordings, and/or video recordings.
2. The terms “Document” and “Documents” means any written or graphic matter,
or other means of preserving thought or expression, and all tangible things from which
information can be processed or transcribed (including the originals and all non-identical
copies, whether different from the original by reason of any notation made on the copy or
otherwise), including but not limited to correspondence, memoranda, notes, messages, letters,
electronic mail, telegrams, teletype, telefax, bulletins, meetings or other communications,
interoffice and intraoffice telephone calls, diaries, chronological data, minutes, books,
reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices,
worksheets, receipts, returns, computer printouts, prospectuses, financial statements,
schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys,
magazine or newspaper articles, releases (and any and all drafts, alterations and modifications,
changes and amendments of any of the foregoing), graphic or aural records or representations
of any kind (including without limitation photographs, microfiche, microfilm, videotape,
records and motion pictures) and electronically-stored information and electronic records or
representations of any kind (including without limitation information stored on computers and
system backups).
3. The terms “relating to,” or “relate to” shall mean to make a statement about,
discuss, disclose, confirm, support, describe, reflect, constitute, identify, deal with, consist of,
establish, comprise, list, evidence, substantiate, or in any way pertain (in whole or in part) to the
subject.
4. The words “and” as well as “or” shall be construed both disjunctively and
conjunctively; the word “all” means “any and all”; the word “any” means “any and all”; the word
“each” means “each and every”; the word “every” means “each and every.”
5. The terms “electronically stored information” shall mean any type of information
that is created, used and stored in digital form and requires a computer or other device for access.
6. “You” or “Your” shall mean Ernesto Alvarez.
7. “Coex Miami” shall mean Coex Coffee International, Inc.
8. “Coex Panama” shall mean Corporacion Coex, Inc.
9. “Coex Entity” shall mean any entity affiliated with Coex Miami or Coex Panama.
10. “Cargill” shall mean Cargill, Inc.
11. “Financial statement” means a business’s financial information, including but not
limited to, balance sheets, income statements, profit and loss reports, statement of changes in
equity, and cash flow statements.
12. “April 2016 Limited Guarantee” means the limited guarantee entered into by and
between Cargill and Coex Miami, dated April 1, 2016 (identified in Exhibit 2 of Plaintiff’s First
Amended Complaint).
13. “December 2016 Limited Guarantee” means the limited guarantee entered into by
and between Cargill and Coex Miami, dated December 15, 2016 (identified in Exhibit 3 of
Plaintiff’s First Amended Complaint).
14. “January 2020 Limited Guarantee” means the limited guarantee entered into by
and between Cargill and Coex Miami, dated January 8, 2020 (identified in Exhibit 4 of Plaintiff’s
First Amended Complaint).
15. The singular shall include the plural, the plural shall include the singular, and the
masculine, feminine, and neutral shall include each gender.
16. All capitalized terms that are not defined herein shall have the same definition as
in the operative complaint filed in this case.
INSTRUCTIONS
1. In responding to these requests, you must make a diligent search of your records
and of other papers and materials in your possession, custody, or control, or available to you or
your representatives. In responding to these requests, you must furnish all information that is
available to you or subject to your reasonable inquiry, including information in the possession of
your attorneys, accountants, advisors, agents, or other persons directly or indirectly employed by,
or connected with, you or your attorneys, and anyone else otherwise subject to your control. All
documents that respond, in whole or in part, to any portion of the production request below shall
be produced in their entirety, including all attachments and enclosures.
2. If any document responsive to any request herein was, but is no longer, in your
possession, custody or control, state whether: (a) it is missing or lost; (b) it has been destroyed;
(c) it has been transferred, voluntarily or involuntarily, to another person or entity; or (d) it has
been disposed of otherwise. In each instance, state the circumstances surrounding such
disposition and identify the person or entity directing or authorizing same and the date thereof.
Also, identify each document by providing its date, number of pages, author, recipient(s), a brief
description of its subject matter, present location and custodian, and whether the document or a
copy thereof is still in existence.
3. If any documents are withheld from this Request for Production due to “Attorney
Client Privileged” or “Work Product,” provide a detailed log of those documents
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. All text messages, including iMessage and WhatsApp messages, between You and
Defendant Ernesto Romero from 2014 through and including 2020 relating to Cargill or
Coex Panama.
2. All text messages, including iMessage and WhatsApp messages, from 2014 through and
including 2020, by, to, from, including, or regarding Matthew Dunbar.
3. All text messages, including iMessage and WhatsApp messages, from 2014 through and
including 2020, by, to, from, including, or regarding Eduardo Jimenez.
4. Any and all recorded phone calls, including but not limited to voicemails, between You
and Defendant Ernesto Romero from 2014 through and including 2020 relating to Cargill
or Coex Panama.
5. Any and all recorded phone calls, including but not limited to voicemails, between You
and Matthew Dunbar from 2014 through and including 2020.
6. Any and all recorded phone calls, including but not limited to voicemails, between You
and Eduardo Jimenez from 2014 through and including 2020.
7. All documents and communications relating to the transfers identified in Exhibit 1A of
Plaintiffs’ First Amended Complaint.
8. All documents and communications relating to the transfers identified in Exhibit 1B of
Plaintiffs’ First Amended Complaint.
9. All documents and communications relating to the April 2016 Limited Guarantee.
10. All documents and communications relating to the December 2016 Limited Guarantee.
11. All documents and communications relating to the January 2020 Limited Guarantee.
12. All documents and communications relating to transfers made from or by Coex Miami to
third parties to satisfy margin calls or other trading debts of Coex Panama, Coex
Guatemala, or any entity other than Coex Miami.
13. Any and all documents produced or received pursuant to subpoenas in this matter.
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Filing # 176235349 E-Filed 06/27/2023 01:59:49 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2020-014293-CA-01 In re: COEX COFFEE INTERNATIONAL, INC., Assignor, To: PHILIP VON KAHLE, Assignee. ________________________________________/ SUPPLEMENTAL PROCEEDING CASE NO.: 2021-016033-CA-01 PHILIP VON KAHLE, in his capacity as assignee for the benefit of the creditors of COEX COFFEE INTERNATIONAL, INC., Plaintiff, v. ERNESTO ALVAREZ, ERNESTO ROMERO, Defendants. ________________________________________/ PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT ERNESTO ALVAREZ Plaintiff Philip von Kahle by and through undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby propounds its First Request for Production of Documents to Defendant Ernesto Alvarez within the time prescribed by the Florida Rules of Civil Procedure. Dated: June 27, 2023 Respectfully submitted, STEARNS WEAVER MILLER WEISSLER ALAHADEFF & SITTERSON, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 Telephone: (305) 789-3200 Facsimile: (305) 789-3395 By: /s/ Giselle Gutierrez EUGENE E. STEARNS Florida Bar No. 0149335 estearns@stearnsweaver.com DREW DILLWORTH Florida Bar No. 0167835 ddillworth@stearnsweaver.com JASON P. HERNANDEZ Florida Bar No. 18598 jhernandez@stearnsweaver.com ERIC J. SILVER Florida Bar No. 057262 esilver@stearnsweaver.com GISELLE GUTIERREZ Florida Bar No. 100254 ggutierrez@stearnsweaver.com - and - PHANG & FELDMAN, P.A. 1125 NE 125 Street, Ste. 303 Miami, Florida 33161 Telephone: (305) 614-1223 By: s/ Kathleen S. Phang KATHLEEN S. PHANG Florida Bar No. 348650 katie@katiephang.com feldman@katiephang.com service@katiephang.com Attorneys for Plaintiff Philip von Kahle DEFINITIONS 1. The terms “Communication” and “Communications” shall mean any communication however made including, but not limited to, correspondence, face-to-face conversations, telephonic conversations, electronic transmissions, meetings, visits, conferences, internal and external discussions, or any other kind of oral or written exchange between two or more persons that has been recorded or transcribed in any way including, but not limited to, letters, electronic mail, facsimiles, transcriptions, sound recordings, and/or video recordings. 2. The terms “Document” and “Documents” means any written or graphic matter, or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed (including the originals and all non-identical copies, whether different from the original by reason of any notation made on the copy or otherwise), including but not limited to correspondence, memoranda, notes, messages, letters, electronic mail, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and intraoffice telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or aural records or representations of any kind (including without limitation photographs, microfiche, microfilm, videotape, records and motion pictures) and electronically-stored information and electronic records or representations of any kind (including without limitation information stored on computers and system backups). 3. The terms “relating to,” or “relate to” shall mean to make a statement about, discuss, disclose, confirm, support, describe, reflect, constitute, identify, deal with, consist of, establish, comprise, list, evidence, substantiate, or in any way pertain (in whole or in part) to the subject. 4. The words “and” as well as “or” shall be construed both disjunctively and conjunctively; the word “all” means “any and all”; the word “any” means “any and all”; the word “each” means “each and every”; the word “every” means “each and every.” 5. The terms “electronically stored information” shall mean any type of information that is created, used and stored in digital form and requires a computer or other device for access. 6. “You” or “Your” shall mean Ernesto Alvarez. 7. “Coex Miami” shall mean Coex Coffee International, Inc. 8. “Coex Panama” shall mean Corporacion Coex, Inc. 9. “Coex Entity” shall mean any entity affiliated with Coex Miami or Coex Panama. 10. “Cargill” shall mean Cargill, Inc. 11. “Financial statement” means a business’s financial information, including but not limited to, balance sheets, income statements, profit and loss reports, statement of changes in equity, and cash flow statements. 12. “April 2016 Limited Guarantee” means the limited guarantee entered into by and between Cargill and Coex Miami, dated April 1, 2016 (identified in Exhibit 2 of Plaintiff’s First Amended Complaint). 13. “December 2016 Limited Guarantee” means the limited guarantee entered into by and between Cargill and Coex Miami, dated December 15, 2016 (identified in Exhibit 3 of Plaintiff’s First Amended Complaint). 14. “January 2020 Limited Guarantee” means the limited guarantee entered into by and between Cargill and Coex Miami, dated January 8, 2020 (identified in Exhibit 4 of Plaintiff’s First Amended Complaint). 15. The singular shall include the plural, the plural shall include the singular, and the masculine, feminine, and neutral shall include each gender. 16. All capitalized terms that are not defined herein shall have the same definition as in the operative complaint filed in this case. INSTRUCTIONS 1. In responding to these requests, you must make a diligent search of your records and of other papers and materials in your possession, custody, or control, or available to you or your representatives. In responding to these requests, you must furnish all information that is available to you or subject to your reasonable inquiry, including information in the possession of your attorneys, accountants, advisors, agents, or other persons directly or indirectly employed by, or connected with, you or your attorneys, and anyone else otherwise subject to your control. All documents that respond, in whole or in part, to any portion of the production request below shall be produced in their entirety, including all attachments and enclosures. 2. If any document responsive to any request herein was, but is no longer, in your possession, custody or control, state whether: (a) it is missing or lost; (b) it has been destroyed; (c) it has been transferred, voluntarily or involuntarily, to another person or entity; or (d) it has been disposed of otherwise. In each instance, state the circumstances surrounding such disposition and identify the person or entity directing or authorizing same and the date thereof. Also, identify each document by providing its date, number of pages, author, recipient(s), a brief description of its subject matter, present location and custodian, and whether the document or a copy thereof is still in existence. 3. If any documents are withheld from this Request for Production due to “Attorney Client Privileged” or “Work Product,” provide a detailed log of those documents REQUESTS FOR PRODUCTION OF DOCUMENTS 1. All text messages, including iMessage and WhatsApp messages, between You and Defendant Ernesto Romero from 2014 through and including 2020 relating to Cargill or Coex Panama. 2. All text messages, including iMessage and WhatsApp messages, from 2014 through and including 2020, by, to, from, including, or regarding Matthew Dunbar. 3. All text messages, including iMessage and WhatsApp messages, from 2014 through and including 2020, by, to, from, including, or regarding Eduardo Jimenez. 4. Any and all recorded phone calls, including but not limited to voicemails, between You and Defendant Ernesto Romero from 2014 through and including 2020 relating to Cargill or Coex Panama. 5. Any and all recorded phone calls, including but not limited to voicemails, between You and Matthew Dunbar from 2014 through and including 2020. 6. Any and all recorded phone calls, including but not limited to voicemails, between You and Eduardo Jimenez from 2014 through and including 2020. 7. All documents and communications relating to the transfers identified in Exhibit 1A of Plaintiffs’ First Amended Complaint. 8. All documents and communications relating to the transfers identified in Exhibit 1B of Plaintiffs’ First Amended Complaint. 9. All documents and communications relating to the April 2016 Limited Guarantee. 10. All documents and communications relating to the December 2016 Limited Guarantee. 11. All documents and communications relating to the January 2020 Limited Guarantee. 12. All documents and communications relating to transfers made from or by Coex Miami to third parties to satisfy margin calls or other trading debts of Coex Panama, Coex Guatemala, or any entity other than Coex Miami. 13. Any and all documents produced or received pursuant to subpoenas in this matter.