Preview
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: CONTRACT
Ryan Lazenby, and Court File N0. 27-CV- 1 8- 1 9659
Temaca Irrigation LLC (The Hon. Joseph R. Klein)
Plaintiffs,
vs. AFFIDAVIT OF ERIK F. HANSEN
Guadalupe Gomez, James Gomez
Temaca Lawn Sprinkler's, Inc. d.b.a.
Temaca Lawn Sprinklers,
Defendants.
STATE OF MINNESOTA )
)
COUNTY 0F HENNEPIN )
I, Erik F. Hansen, being duly first sworn 0n oath, depose and say the following:
1. I am an attorney for Plaintiffs in this matter and make this affidavit in support their motion
in limine.
2. Attached hereto as Exhibit A is a true and correct copy of Defendants’ Interrogatories,
served upon my firm June 21, 2019.
3. Attached hereto as Exhibit B is a true and correct copy 0f Defendants’ Request for
Production, served upon my firm June 21, 2019.
4. I declare under penalty ofperjury that everything I have stated in this document is true and
correct.
Dated: November 1 1, 2019 /s/ Erik F. Hansen
Erik F. Hansen
Electronically Served 27-CV—1 8-1 9659
6/21/201 9 5:51 PM EFXL'EIH 3:512
Hennepin County, MN
11/1K019 4:25 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: CIVIL
Court File No. 27-CV-18—19659
Judge: The Honorable Joseph Klein
Ryan Lazenby, and
Temaca Irrigation LLC
Plamtlffsa DEFENDANTS’ GUADALUPE
VS, GOMEZ AND JAMES GOMEZ
FIRST SET OF
Guadalupe Gomez, James Gomez, Temaca INTERROGATORIES TO
Lawn Sprinklers, Inc. d.b.a. Temaca Lawn PLAINTIFFS RYAN LAZENBY,
Sprinklers, AND TEMACA IRRIGATION LLC
Defendants.
TO: PLAINTIFFS LISTED ABOVE, THROUGH THER COUNSEL OF RECORD, ERIK
F. HANSON AND KIRK A. TISHER.
Pursuant t0 Minnesota Rules 0f Civil Procedure 26 and 33, Defendants hereby submit these
Requests for Interrogatories to Plaintiffs Ryan Lazenby and Temaca Irrigation LLC (collectively
“Plaintiffs”)
DEFINITIONS
The following definitions and instructions are applicable to each 0f the following
Requests:
1. “Document” and “Documents” shall be construed in its broadest sense and
includes any original, reproduction, 0r copy 0f any kind 0f written 0r documentary
material 0r drafts, including but not limited t0, correspondence, memoranda, internal 0r
external office communications, diaries, calendars, contracts, publications, calculations,
estimates, vouchers,; computer external memory devices, photographs, photo negatives,
notes of conversations that occurred Via telephone, recording, in person, 0r by some other
means, and minutes 0f meetings.
“Document” and “Documents” shall be construed in its broadest sense and
includes any original, reproduction, or copy 0f, non-privileged notes, reports, court
orders, court pleadings served upon a third party by Plaintiffs or a representative 0f
Plaintiffs 0r received through service 0f process from an opposing party or a
representative 0f an opposing party, any 0f which are related t0 any court cases filed 0r
served in Minnesota, a county 0f Minnesota, any other state of the United States or any
county in another state 0f the United States, court orders 0r judgments entered or filed
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
against Plaintiffs or an entity owned by Plaintiffs or a representative 0f Plaintiffs in which
Plaintiffs have an active 0r ownership role.
2. “Recordings” means documentation of verbal or written information, set down by
handwriting, typewriting, printing, 0r any other form 0f transcription 0f information.
3. mean and include any information concerning,
“Relate t0” and “relating t0” shall
compromising, identifying, summarizing, evidencing, containing, discussing, describing,
comparing, analyzing or pertaining t0 in any way the subject matter 0f the discovery
request in which such term is used.
4. Singular forms 0f any noun or pronoun shall embrace and be read t0 include the
plural as the context may make appropriate.
5. Temaca Lawn Sprinklers, Temaca Sprinklers, Temaca Lawn Sprinklers, Inc., the
Company and Temaca Irrigation refer to the company purchased by Plaintiff from
Defendant.
6. when used in relation to a person means that you are
“Identify” or “state the identity”
name; (b) current or last known physical address (C)
to state the following: (a) their full
telephone number Where they can most easily be contacted (d) last known employer and
position of employment.
7. “You or “yours” refer t0 the party t0 Whom these discovery requests are directed and
all other persons acting 0n behalf 0f such party, including but not limited t0, attorneys,
investigators, agents, employees, representatives, contractors, or others who are in
possession 0f 0r who may have information for or on behalf of this answering party.
INTERROGATORY NO. 1: Identify any oral or written communications, correspondence,
records, or documents that you maintain constitute 0r contain an admission 0r statement against
interest made by any party t0 this litigation.
INTERROGATORY NO. 2: Describe all oral and written communications by and between
You and Defendants relating to the matters described in the Pleadings for this action, including
the mode of communication used, the content 0f said communication, the date of said
communications, and any other witnesses who may have heard or observed said
communications.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
INTERROGATORY NO. 3: Identify by category and brief description, all emails, written or
recorded statements or any documents or recorded information Which you have either
maintained, have in your possession, custody 0r control, are in the possession, custody or control
of your agents, employees, 0r representatives, or have knowledge of, relative to the subject of
this lawsuit.
INTERROGATORY NO. 4: Identify by name, address, and telephone number all persons who
have custody 0r any documents 0r other items related to the factual matters set forth in the
pleadings for this matter, herein, and any discovery responses served upon you, specifying Which
documents each person has in their custody, possession or control.
INTERROGATORY NO. 5: Identify and describe in detail, all 0f the assets you or your agents
removed from Defendant’s property in St. Bonifacius, MN from January 1, 2017 t0 the present,
including but not limited to inventory, products, money, income, equipment, machinery,
vehicles, artwork, files, furnishings, documents, computers, and/or any other tangible 0r
intangible object owned by Temaca Sprinkler’s, Inc. d.b.a. Temaca Lawn Sprinklers 0r
Defendants.
INTERROGATORY NO. 6: Identify any and all bank accounts used by Temaca Lawn
Sprinkler’s, Inc. and/or Temaca Irrigation, LLC since April 1, 2017.
INTERROGATORY NO. 7: Identify any and all lawsuits in which Plaintiffs or companies
affiliated or owned by owned by any of Plaintiffs that have been the subject 0f a lawsuit in
Minnesota 0r any other state in the past ten years and identify the city, state, court, parties and
subj ect matter of the lawsuit including but not limited t0 other irrigation companies.
INTERROGATORY NO. 8: Identify any and all judgments filed against any Plaintiff in the
past ten years and state the original date, purpose and subject of the judgment and when or if the
judgment was satisfied.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
INTERROGATORY NO. 9: Identify and describe in detail all business transacted by Temaca
Lawn Sprinkler’s Inc. d.b.a. Temaca Lawn Sprinklers or Temaca Irrigation, LLC since April 1 of
2017, specifically listing the customer for each contract or job, the date of the contract or job, the
amount charged for each contract 0r job, and a brief description of the work done 0n each
contract or job.
INTERROGATORY NO. 10: Identify by account name, address and past billings, the
customers that you believe terminated the services 0f Temaca Irrigation, LLC as a direct result of
actions 0r statements by Defendants and state the reason given for the termination by each
customer.
INTERROGATORY NO. 11: Identify and describe in detail what you stated t0 Defendant
Guadalupe Gomez at the time he was told by you t0 “Stand by” and/or not report for work at
Temaca Irrigation, LLC and the date and manner you informed him that he was n0 longer
employed by Temaca Irrigation, LLC.
INTERROGATORY NO. 12: Identify and describe in detail the date of Defendant
Guadalupe’s employment by Temaca Irrigation, LLC, the date you terminated his employment,
the date you informed Defendant Guadalupe Gomez that his employment was terminated and the
documentation provided t0 him regarding his employment start date and employment
termination. If he was terminated for bad acts or insufficient performance, provide the details
related thereto.
INTERROGATORY NO. 13: Identify any and all of the advertisements and/or recruitment
actions for employees for Temaca Irrigation including the date 0f publication, form and platform
used for those advertisements and recruitment activities from April 1, 2017 t0 the present.
INTERROGATORY NO. 14: Identify any oral 0r written communications, correspondence,
records, or documents that you maintain constitute or contain an admission or statement against
interest made by any party t0 this litigation.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
INTERROGATORY NO. 15: Identify all individuals Whom you may call as witnesses at trial,
the substance of their testimony, and describe all documents 0r physical evidence bearing upon
this action in your possession or control that you believe support your claims or defenses.
INTERROGATORY NO. 16: Identify any documentation 0r evidence of your allegations
against Defendant James Gomez in this matter, including When the information was obtained,
how it was obtained, the source 0f the information, and verification 0r support for any damages
you allege resulted from the actions 0r statements 0f James Gomez.
INTERROGATORY NO. 17: Describe in detail the damages that you claim directly resulted
from your allegations against Defendants including a detailed description of the damages, the
source 0f the damages, the dates When the damages occurred and identify the documents that you
intend t0 introduce at trial t0 support those allegations as well as your other allegations .
INTERROGATORY NO. 18: If you have retained 0r consulted any person who is an expert
t0 aid in the investigation 0f the claims asserted or matters referred to in the Complaint, state the
name, address, and employer 0f each such expert, the areas of expertise of each such expert, the
dates on Which such expert was retained, the dates on which each such expert was consulted,
whether each such expert has authored any reports, letters, memoranda or any other documents
relating to the claims asserted or matters referred t0 in your pleadings and, if so, identify the
same, together with all preliminary drafts thereof; and Whether each such expert is presently a
testifying 0r non-testifying expert.
Date: June 21, 2019 HALPER & JOSEPH, PLLC
/s/ Barbara A.
Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN
55387
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
Telephone (952) 356-0825
ATTORNEY FOR DEFENDANTS
ACKNOWLEDGEMENT
The undersigned hereby acknowledges that sanctions, including attorney’s fees, costs, penalties
and nonmonetary directives may be imposed pursuant to Minn. Stat. § 549.211, to the party
against Whom the allegations in this pleading are asserted, if this party 0r its attorney acted in bad
faith; asserted an unfounded position solely t0 delay the ordinary course 0f the proceedings; 0r
committed a fraud upon the Court.
Date: June 21, 2019 HALPER & JOSEPH, PLLC
/s/ Barbara A. Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN
55387
Telephone (952) 356-0825
ATTORNEY FOR DEFENDANTS
Electronically Served 27-CV—1 8-1 9659
6/21/201 9 5:51
Hennepin
PM
County, MN
E&flfimfl
“gm
11/1 PM
4:25
State 0f Minnesota District Cou rt
County Judicial District: Fourth
Hennepin Court File Number: 27-CV-1 8-1 9659
Case Type: Contract
(The Honorable Joseph Klein)
Ryan Lazenby, and Temaca Irrigation LLC
DEFENDANTS’ FIRST SET OF
Plamtlff
REQUESTS FOR
vs.
PRODUCTION OF
Guadalupe Gomez, James Gomez DOCUMENTS TO
Temaca Lawn Sprinklers, Inc. d.b.a.
PLAINTIFFS RYAN LAZENBY
Temaca Lawn Sprmklel‘s’
AND TEMACA IRRIGATION,
Defendant LLC
TO: PLAINTIFFS ABOVE NAMED AND THEIR COUNSEL OF RECORD, ERIK F.
HANSEN AND KIRK A. TISHER.
DEFINITIONS
The following definitions and instructions are applicable to each 0f the following
Requests:
1. “Document” and “Documents” shall be construed in its broadest sense and
includes any original, reproduction, 0r copy of any kind 0f written or documentary
material or drafts, including but not limited to, correspondence, memoranda, internal or
external office communications, diaries, calendars, contracts, publications, calculations,
estimates, vouchers,; computer external memory devices, photographs, photo negatives,
notes 0f conversations that occurred Via telephone, recording, in person, or by some other
means, and minutes of meetings.
“Document” and “Documents” shall be construed in its broadest sense and
includes any original, reproduction, or copy 0f, non-privileged notes, reports, court
orders, court pleadings served upon a third party by Plaintiffs 0r a representative 0f
Plaintiffs 0r receivedthrough service of process from an opposing party or a
representative 0f an opposing party, any 0f Which are related t0 any court cases filed 0r
served in Minnesota, a county of Minnesota, any other state 0f the United States 0r any
county in another 0f the United States, court orders 0r judgments entered 0r filed
state
against Plaintiffs 0r an entity owned by Plaintiffs 0r a representative of Plaintiffs in which
Plaintiffs have an active or ownership role.
2. “Recordings” means documentation 0f verbal 0r written information, set down by
handwriting, typewriting, printing, 0r any other form of transcription 0f information.
3. “Relate t0” and “relating t0” shall mean and include any information concerning,
compromising, identifying, summarizing, evidencing, containing, discussing, describing,
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
comparing, analyzing 0r pertaining t0 in any way the subject matter 0f the discovery
request in Which such term is used.
4. Singular forms 0f any noun 0r pronoun shall embrace and be read t0 include the
plural as the context may make appropriate.
5. Temaca Lawn Sprinklers, Temaca Sprinklers, Temaca Lawn Sprinklers, Inc., the
Company, Temaca Irrigation, Temaca Irrigation LLC refer t0 the company purchased by
Plaintiff from Defendant.
6. “Identify” or “state the identity” when used in relation to a person means that you are
to state the following: (a) their full name; (b) current or last known physical address (c)
telephone number Where they can most easily be contacted (d) last known employer and
position of employment.
7. “You or “yours” refer t0 the party t0 Whom these discovery requests are directed and
all other persons acting 0n behalf 0f such party, including but not limited t0, attorneys,
investigators, agents, employees, representatives, contractors, or others who are in
possession 0f 0r Who may have information for or 0n behalf 0f this answering party.
INSTRUCTIONS
1. As it relates t0 each document that is relevant to these Requests and is no longer in
existence or Which cannot be located:
a. Identify and describe the document as completely as possible;
b. State When and how the document passed out 0f existence 0r Why it can n0
longer be located;
c. State Whether the document was lost, destroyed, discarded, 0r provided to a
third party and identify any such third party;
d. Identify each person having knowledge concerning such document, and
current whereabouts;
e. State any additional information that you have concerning the document’s
current whereabouts.
2. If you withhold any documents sought by these Requests pursuant to a claim that
such documents are privileged 0r otherwise protected from disclosure, you are requested
to furnish a list specifying each document for Which the privilege is claimed, together
With the following information, where appropriate, With respect t0 each document.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
a. The date appearing on the document, 0r if n0 date appears, the date 0n
Which the document was prepared;
b. The name of the person(s) by whom the document was prepared and, if the
document is signed, the name of each person who signed the document;
c. The name of each person to whom the document is addressed;
d. The name 0f each person, other than the addressee(s) identified in
subparagraph c above, to Whom the document, 0r a copy thereof, was sent or With whom
the document was discussed;
e. The name 0f the person 0r persons Who currently have custody 0f the
document;
f. The specified ground(s) on Which the claim of privilege rests;
g. The paragraph of this request to which each document responds; and
h. The general nature 0f the document, the number 0f pages 0f Which it
consists, and a sufficient description 0f the subject matter of the document (without
disclosing its contents) to allow the Court to rule on the claim of privilege.
3. These Requests shall be deemed to be continuing so as to require prompt
and further supplementation if you obtain additional information 0r documents at any
time between the time of the initial responses and the time of hearing or trial.
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1; A11 documents you reviewed or used to assist you in preparing
your Answers t0 Defendant’s First Set 0f Interrogatories, including all documents
identified, described 0r listed in those Answers.
REQUEST NO. 2: A11 documents referred to, considered, or relied upon in preparing
Your Pleadings.
REQUEST NO. 3: A11 documents identified in your Minn. R. CiV. P. 26.01 initial
disclosures.
REQUEST NO. 4: A11 documents relating t0 communications between You and any
person 0r entity that contracted With Temaca Irrigation LLC since April 2017.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
REQUEST N0. 5: A11 documents containing, constituting, reflecting, 0r relating to
communications, 0r documents, that you maintain constitute or contain an admission or
statement against interest made by any party t0 this litigation.
REQUEST NO. 6: A11 documents, correspondence or email communications from or
t0 Defendant Guadalupe Gomez relating in any way t0 Temaca Lawn Sprinklers, Inc.
d.b.a. Temaca Lawn Sprinklers or Temaca Irrigation, LLC and his employment terms,
job performance, and job termination since April 1 0f 2017.
REQUEST NO. 7: A11 documents relating to payment received for lawn irrigation
services by You and/or Temaca Irrigation LLC since April of 2017 .
REQUEST NO. 8: A11 documents, correspondence, recordings, messages or email
communications from customers 0f Temaca Irrigation LLC and/or Temaca Lawn
Sprinklers, Inc. to Plaintiffs relating t0 the services provided t0 them by Temaca Lawn
Sprinkler’s, Inc. d.b.a. Temaca Lawn Sprinklers and/or Temaca Irrigation LLC since
April 0f 2017 t0 the present.
REQUEST NO. 9: A11 documents, correspondence, corporate documents, customer
lists, financial summaries, tax returns, 0r bank statements, or similar documents for
Temaca Lawn Sprinklers, Inc. since April 1 0f 2017.
REQUEST NO. 10: A11 documents, correspondence, corporate records, customer lists,
financial summaries, tax returns, 0r bank statements, 0r similar documents for Temaca
Irrigation LLC.
REQUEST NO. 11: A11 receipts, invoices, or similar documents evidencing payment
for lawn irrigation services directed to You, Temaca Irrigation, LLC 0r Temaca Lawn
Sprinklers, Inc. since January 1 0f 2016.
REQUEST NO. 12: Copies 0f all documentation that Plaintiffs allege support their
been damaged financially in any way by the specific actions or
allegation that they have
communications by 0r from Defendants and that support the request for compensation for
a specific amount of monetary award.
REQUEST NO. 13: Copies of all documentation that Plaintiffs allege support their
claims that Defendant James Gomez 0r Guadalupe Gomez are each liable t0 them under
Minnesota law.
REQUEST NO. 14: Copies 0f all documentation that Plaintiffs allege support their
claims for each category 0f damages claimed in this action and the associated specific
dollaramounts of damages they claim are owed to them by Defendant James Gomez 0r
Guadalupe Gomez.
27-CV-18-19659
Filed in District Court
State of Minnesota
11/1 1/2019 4:25 PM
Date: June 21, 2019 HALPER & JOSEPH, PLLC
/s/ Barbara A. Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN
55387
Telephone (952) 356-0825
ATTORNEY FOR DEFENDANTS
ACKNOWLEDGEMENT
The undersigned hereby acknowledges that sanctions, including attorney’s fees, costs, penalties
and nonmonetary directives may be imposed pursuant t0 Minn. Stat. § 549.211, t0 the party
against Whom the allegations in this pleading are asserted, if this party or its attorney acted in bad
faith; asserted an unfounded position solely to delay the ordinary course 0f the proceedings; 0r
committed a fraud upon the Court.
Date: June 21, 2019 HALPER & JOSEPH, PLLC
/s/ Barbara A.
Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN55387
Telephone (952) 356-0825
ATTORNEY FOR DEFENDANTS
Preview
27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONTRACT Ryan Lazenby, and Court File N0. 27-CV- 1 8- 1 9659 Temaca Irrigation LLC (The Hon. Joseph R. Klein) Plaintiffs, vs. AFFIDAVIT OF ERIK F. HANSEN Guadalupe Gomez, James Gomez Temaca Lawn Sprinkler's, Inc. d.b.a. Temaca Lawn Sprinklers, Defendants. STATE OF MINNESOTA ) ) COUNTY 0F HENNEPIN ) I, Erik F. Hansen, being duly first sworn 0n oath, depose and say the following: 1. I am an attorney for Plaintiffs in this matter and make this affidavit in support their motion in limine. 2. Attached hereto as Exhibit A is a true and correct copy of Defendants’ Interrogatories, served upon my firm June 21, 2019. 3. Attached hereto as Exhibit B is a true and correct copy 0f Defendants’ Request for Production, served upon my firm June 21, 2019. 4. I declare under penalty ofperjury that everything I have stated in this document is true and correct. Dated: November 1 1, 2019 /s/ Erik F. Hansen Erik F. Hansen Electronically Served 27-CV—1 8-1 9659 6/21/201 9 5:51 PM EFXL'EIH 3:512 Hennepin County, MN 11/1K019 4:25 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CIVIL Court File No. 27-CV-18—19659 Judge: The Honorable Joseph Klein Ryan Lazenby, and Temaca Irrigation LLC Plamtlffsa DEFENDANTS’ GUADALUPE VS, GOMEZ AND JAMES GOMEZ FIRST SET OF Guadalupe Gomez, James Gomez, Temaca INTERROGATORIES TO Lawn Sprinklers, Inc. d.b.a. Temaca Lawn PLAINTIFFS RYAN LAZENBY, Sprinklers, AND TEMACA IRRIGATION LLC Defendants. TO: PLAINTIFFS LISTED ABOVE, THROUGH THER COUNSEL OF RECORD, ERIK F. HANSON AND KIRK A. TISHER. Pursuant t0 Minnesota Rules 0f Civil Procedure 26 and 33, Defendants hereby submit these Requests for Interrogatories to Plaintiffs Ryan Lazenby and Temaca Irrigation LLC (collectively “Plaintiffs”) DEFINITIONS The following definitions and instructions are applicable to each 0f the following Requests: 1. “Document” and “Documents” shall be construed in its broadest sense and includes any original, reproduction, 0r copy 0f any kind 0f written 0r documentary material 0r drafts, including but not limited t0, correspondence, memoranda, internal 0r external office communications, diaries, calendars, contracts, publications, calculations, estimates, vouchers,; computer external memory devices, photographs, photo negatives, notes of conversations that occurred Via telephone, recording, in person, 0r by some other means, and minutes 0f meetings. “Document” and “Documents” shall be construed in its broadest sense and includes any original, reproduction, or copy 0f, non-privileged notes, reports, court orders, court pleadings served upon a third party by Plaintiffs or a representative 0f Plaintiffs 0r received through service 0f process from an opposing party or a representative 0f an opposing party, any 0f which are related t0 any court cases filed 0r served in Minnesota, a county 0f Minnesota, any other state of the United States or any county in another state 0f the United States, court orders 0r judgments entered or filed 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM against Plaintiffs or an entity owned by Plaintiffs or a representative 0f Plaintiffs in which Plaintiffs have an active 0r ownership role. 2. “Recordings” means documentation of verbal or written information, set down by handwriting, typewriting, printing, 0r any other form 0f transcription 0f information. 3. mean and include any information concerning, “Relate t0” and “relating t0” shall compromising, identifying, summarizing, evidencing, containing, discussing, describing, comparing, analyzing or pertaining t0 in any way the subject matter 0f the discovery request in which such term is used. 4. Singular forms 0f any noun or pronoun shall embrace and be read t0 include the plural as the context may make appropriate. 5. Temaca Lawn Sprinklers, Temaca Sprinklers, Temaca Lawn Sprinklers, Inc., the Company and Temaca Irrigation refer to the company purchased by Plaintiff from Defendant. 6. when used in relation to a person means that you are “Identify” or “state the identity” name; (b) current or last known physical address (C) to state the following: (a) their full telephone number Where they can most easily be contacted (d) last known employer and position of employment. 7. “You or “yours” refer t0 the party t0 Whom these discovery requests are directed and all other persons acting 0n behalf 0f such party, including but not limited t0, attorneys, investigators, agents, employees, representatives, contractors, or others who are in possession 0f 0r who may have information for or on behalf of this answering party. INTERROGATORY NO. 1: Identify any oral or written communications, correspondence, records, or documents that you maintain constitute 0r contain an admission 0r statement against interest made by any party t0 this litigation. INTERROGATORY NO. 2: Describe all oral and written communications by and between You and Defendants relating to the matters described in the Pleadings for this action, including the mode of communication used, the content 0f said communication, the date of said communications, and any other witnesses who may have heard or observed said communications. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM INTERROGATORY NO. 3: Identify by category and brief description, all emails, written or recorded statements or any documents or recorded information Which you have either maintained, have in your possession, custody 0r control, are in the possession, custody or control of your agents, employees, 0r representatives, or have knowledge of, relative to the subject of this lawsuit. INTERROGATORY NO. 4: Identify by name, address, and telephone number all persons who have custody 0r any documents 0r other items related to the factual matters set forth in the pleadings for this matter, herein, and any discovery responses served upon you, specifying Which documents each person has in their custody, possession or control. INTERROGATORY NO. 5: Identify and describe in detail, all 0f the assets you or your agents removed from Defendant’s property in St. Bonifacius, MN from January 1, 2017 t0 the present, including but not limited to inventory, products, money, income, equipment, machinery, vehicles, artwork, files, furnishings, documents, computers, and/or any other tangible 0r intangible object owned by Temaca Sprinkler’s, Inc. d.b.a. Temaca Lawn Sprinklers 0r Defendants. INTERROGATORY NO. 6: Identify any and all bank accounts used by Temaca Lawn Sprinkler’s, Inc. and/or Temaca Irrigation, LLC since April 1, 2017. INTERROGATORY NO. 7: Identify any and all lawsuits in which Plaintiffs or companies affiliated or owned by owned by any of Plaintiffs that have been the subject 0f a lawsuit in Minnesota 0r any other state in the past ten years and identify the city, state, court, parties and subj ect matter of the lawsuit including but not limited t0 other irrigation companies. INTERROGATORY NO. 8: Identify any and all judgments filed against any Plaintiff in the past ten years and state the original date, purpose and subject of the judgment and when or if the judgment was satisfied. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM INTERROGATORY NO. 9: Identify and describe in detail all business transacted by Temaca Lawn Sprinkler’s Inc. d.b.a. Temaca Lawn Sprinklers or Temaca Irrigation, LLC since April 1 of 2017, specifically listing the customer for each contract or job, the date of the contract or job, the amount charged for each contract 0r job, and a brief description of the work done 0n each contract or job. INTERROGATORY NO. 10: Identify by account name, address and past billings, the customers that you believe terminated the services 0f Temaca Irrigation, LLC as a direct result of actions 0r statements by Defendants and state the reason given for the termination by each customer. INTERROGATORY NO. 11: Identify and describe in detail what you stated t0 Defendant Guadalupe Gomez at the time he was told by you t0 “Stand by” and/or not report for work at Temaca Irrigation, LLC and the date and manner you informed him that he was n0 longer employed by Temaca Irrigation, LLC. INTERROGATORY NO. 12: Identify and describe in detail the date of Defendant Guadalupe’s employment by Temaca Irrigation, LLC, the date you terminated his employment, the date you informed Defendant Guadalupe Gomez that his employment was terminated and the documentation provided t0 him regarding his employment start date and employment termination. If he was terminated for bad acts or insufficient performance, provide the details related thereto. INTERROGATORY NO. 13: Identify any and all of the advertisements and/or recruitment actions for employees for Temaca Irrigation including the date 0f publication, form and platform used for those advertisements and recruitment activities from April 1, 2017 t0 the present. INTERROGATORY NO. 14: Identify any oral 0r written communications, correspondence, records, or documents that you maintain constitute or contain an admission or statement against interest made by any party t0 this litigation. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM INTERROGATORY NO. 15: Identify all individuals Whom you may call as witnesses at trial, the substance of their testimony, and describe all documents 0r physical evidence bearing upon this action in your possession or control that you believe support your claims or defenses. INTERROGATORY NO. 16: Identify any documentation 0r evidence of your allegations against Defendant James Gomez in this matter, including When the information was obtained, how it was obtained, the source 0f the information, and verification 0r support for any damages you allege resulted from the actions 0r statements 0f James Gomez. INTERROGATORY NO. 17: Describe in detail the damages that you claim directly resulted from your allegations against Defendants including a detailed description of the damages, the source 0f the damages, the dates When the damages occurred and identify the documents that you intend t0 introduce at trial t0 support those allegations as well as your other allegations . INTERROGATORY NO. 18: If you have retained 0r consulted any person who is an expert t0 aid in the investigation 0f the claims asserted or matters referred to in the Complaint, state the name, address, and employer 0f each such expert, the areas of expertise of each such expert, the dates on Which such expert was retained, the dates on which each such expert was consulted, whether each such expert has authored any reports, letters, memoranda or any other documents relating to the claims asserted or matters referred t0 in your pleadings and, if so, identify the same, together with all preliminary drafts thereof; and Whether each such expert is presently a testifying 0r non-testifying expert. Date: June 21, 2019 HALPER & JOSEPH, PLLC /s/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM Telephone (952) 356-0825 ATTORNEY FOR DEFENDANTS ACKNOWLEDGEMENT The undersigned hereby acknowledges that sanctions, including attorney’s fees, costs, penalties and nonmonetary directives may be imposed pursuant to Minn. Stat. § 549.211, to the party against Whom the allegations in this pleading are asserted, if this party 0r its attorney acted in bad faith; asserted an unfounded position solely t0 delay the ordinary course 0f the proceedings; 0r committed a fraud upon the Court. Date: June 21, 2019 HALPER & JOSEPH, PLLC /s/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 Telephone (952) 356-0825 ATTORNEY FOR DEFENDANTS Electronically Served 27-CV—1 8-1 9659 6/21/201 9 5:51 Hennepin PM County, MN E&flfimfl “gm 11/1 PM 4:25 State 0f Minnesota District Cou rt County Judicial District: Fourth Hennepin Court File Number: 27-CV-1 8-1 9659 Case Type: Contract (The Honorable Joseph Klein) Ryan Lazenby, and Temaca Irrigation LLC DEFENDANTS’ FIRST SET OF Plamtlff REQUESTS FOR vs. PRODUCTION OF Guadalupe Gomez, James Gomez DOCUMENTS TO Temaca Lawn Sprinklers, Inc. d.b.a. PLAINTIFFS RYAN LAZENBY Temaca Lawn Sprmklel‘s’ AND TEMACA IRRIGATION, Defendant LLC TO: PLAINTIFFS ABOVE NAMED AND THEIR COUNSEL OF RECORD, ERIK F. HANSEN AND KIRK A. TISHER. DEFINITIONS The following definitions and instructions are applicable to each 0f the following Requests: 1. “Document” and “Documents” shall be construed in its broadest sense and includes any original, reproduction, 0r copy of any kind 0f written or documentary material or drafts, including but not limited to, correspondence, memoranda, internal or external office communications, diaries, calendars, contracts, publications, calculations, estimates, vouchers,; computer external memory devices, photographs, photo negatives, notes 0f conversations that occurred Via telephone, recording, in person, or by some other means, and minutes of meetings. “Document” and “Documents” shall be construed in its broadest sense and includes any original, reproduction, or copy 0f, non-privileged notes, reports, court orders, court pleadings served upon a third party by Plaintiffs 0r a representative 0f Plaintiffs 0r receivedthrough service of process from an opposing party or a representative 0f an opposing party, any 0f Which are related t0 any court cases filed 0r served in Minnesota, a county of Minnesota, any other state 0f the United States 0r any county in another 0f the United States, court orders 0r judgments entered 0r filed state against Plaintiffs 0r an entity owned by Plaintiffs 0r a representative of Plaintiffs in which Plaintiffs have an active or ownership role. 2. “Recordings” means documentation 0f verbal 0r written information, set down by handwriting, typewriting, printing, 0r any other form of transcription 0f information. 3. “Relate t0” and “relating t0” shall mean and include any information concerning, compromising, identifying, summarizing, evidencing, containing, discussing, describing, 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM comparing, analyzing 0r pertaining t0 in any way the subject matter 0f the discovery request in Which such term is used. 4. Singular forms 0f any noun 0r pronoun shall embrace and be read t0 include the plural as the context may make appropriate. 5. Temaca Lawn Sprinklers, Temaca Sprinklers, Temaca Lawn Sprinklers, Inc., the Company, Temaca Irrigation, Temaca Irrigation LLC refer t0 the company purchased by Plaintiff from Defendant. 6. “Identify” or “state the identity” when used in relation to a person means that you are to state the following: (a) their full name; (b) current or last known physical address (c) telephone number Where they can most easily be contacted (d) last known employer and position of employment. 7. “You or “yours” refer t0 the party t0 Whom these discovery requests are directed and all other persons acting 0n behalf 0f such party, including but not limited t0, attorneys, investigators, agents, employees, representatives, contractors, or others who are in possession 0f 0r Who may have information for or 0n behalf 0f this answering party. INSTRUCTIONS 1. As it relates t0 each document that is relevant to these Requests and is no longer in existence or Which cannot be located: a. Identify and describe the document as completely as possible; b. State When and how the document passed out 0f existence 0r Why it can n0 longer be located; c. State Whether the document was lost, destroyed, discarded, 0r provided to a third party and identify any such third party; d. Identify each person having knowledge concerning such document, and current whereabouts; e. State any additional information that you have concerning the document’s current whereabouts. 2. If you withhold any documents sought by these Requests pursuant to a claim that such documents are privileged 0r otherwise protected from disclosure, you are requested to furnish a list specifying each document for Which the privilege is claimed, together With the following information, where appropriate, With respect t0 each document. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM a. The date appearing on the document, 0r if n0 date appears, the date 0n Which the document was prepared; b. The name of the person(s) by whom the document was prepared and, if the document is signed, the name of each person who signed the document; c. The name of each person to whom the document is addressed; d. The name 0f each person, other than the addressee(s) identified in subparagraph c above, to Whom the document, 0r a copy thereof, was sent or With whom the document was discussed; e. The name 0f the person 0r persons Who currently have custody 0f the document; f. The specified ground(s) on Which the claim of privilege rests; g. The paragraph of this request to which each document responds; and h. The general nature 0f the document, the number 0f pages 0f Which it consists, and a sufficient description 0f the subject matter of the document (without disclosing its contents) to allow the Court to rule on the claim of privilege. 3. These Requests shall be deemed to be continuing so as to require prompt and further supplementation if you obtain additional information 0r documents at any time between the time of the initial responses and the time of hearing or trial. REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO. 1; A11 documents you reviewed or used to assist you in preparing your Answers t0 Defendant’s First Set 0f Interrogatories, including all documents identified, described 0r listed in those Answers. REQUEST NO. 2: A11 documents referred to, considered, or relied upon in preparing Your Pleadings. REQUEST NO. 3: A11 documents identified in your Minn. R. CiV. P. 26.01 initial disclosures. REQUEST NO. 4: A11 documents relating t0 communications between You and any person 0r entity that contracted With Temaca Irrigation LLC since April 2017. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM REQUEST N0. 5: A11 documents containing, constituting, reflecting, 0r relating to communications, 0r documents, that you maintain constitute or contain an admission or statement against interest made by any party t0 this litigation. REQUEST NO. 6: A11 documents, correspondence or email communications from or t0 Defendant Guadalupe Gomez relating in any way t0 Temaca Lawn Sprinklers, Inc. d.b.a. Temaca Lawn Sprinklers or Temaca Irrigation, LLC and his employment terms, job performance, and job termination since April 1 0f 2017. REQUEST NO. 7: A11 documents relating to payment received for lawn irrigation services by You and/or Temaca Irrigation LLC since April of 2017 . REQUEST NO. 8: A11 documents, correspondence, recordings, messages or email communications from customers 0f Temaca Irrigation LLC and/or Temaca Lawn Sprinklers, Inc. to Plaintiffs relating t0 the services provided t0 them by Temaca Lawn Sprinkler’s, Inc. d.b.a. Temaca Lawn Sprinklers and/or Temaca Irrigation LLC since April 0f 2017 t0 the present. REQUEST NO. 9: A11 documents, correspondence, corporate documents, customer lists, financial summaries, tax returns, 0r bank statements, or similar documents for Temaca Lawn Sprinklers, Inc. since April 1 0f 2017. REQUEST NO. 10: A11 documents, correspondence, corporate records, customer lists, financial summaries, tax returns, 0r bank statements, 0r similar documents for Temaca Irrigation LLC. REQUEST NO. 11: A11 receipts, invoices, or similar documents evidencing payment for lawn irrigation services directed to You, Temaca Irrigation, LLC 0r Temaca Lawn Sprinklers, Inc. since January 1 0f 2016. REQUEST NO. 12: Copies 0f all documentation that Plaintiffs allege support their been damaged financially in any way by the specific actions or allegation that they have communications by 0r from Defendants and that support the request for compensation for a specific amount of monetary award. REQUEST NO. 13: Copies of all documentation that Plaintiffs allege support their claims that Defendant James Gomez 0r Guadalupe Gomez are each liable t0 them under Minnesota law. REQUEST NO. 14: Copies 0f all documentation that Plaintiffs allege support their claims for each category 0f damages claimed in this action and the associated specific dollaramounts of damages they claim are owed to them by Defendant James Gomez 0r Guadalupe Gomez. 27-CV-18-19659 Filed in District Court State of Minnesota 11/1 1/2019 4:25 PM Date: June 21, 2019 HALPER & JOSEPH, PLLC /s/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 Telephone (952) 356-0825 ATTORNEY FOR DEFENDANTS ACKNOWLEDGEMENT The undersigned hereby acknowledges that sanctions, including attorney’s fees, costs, penalties and nonmonetary directives may be imposed pursuant t0 Minn. Stat. § 549.211, t0 the party against Whom the allegations in this pleading are asserted, if this party or its attorney acted in bad faith; asserted an unfounded position solely to delay the ordinary course 0f the proceedings; 0r committed a fraud upon the Court. Date: June 21, 2019 HALPER & JOSEPH, PLLC /s/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN55387 Telephone (952) 356-0825 ATTORNEY FOR DEFENDANTS