Exhibit,Appendix: RETAIL SERVICE SYSTEMS INC Vs BENJAMIN C OWEN VS.BENJAMIN C OWEN ET AL

On November 28, 2023 a Exhibit,Appendix was filed involving a dispute between and for OTHER CIVIL in the District Court of Franklin County.

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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 28 5:22 PM-23CV008468
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General Arbitrator Oath Form
American Arbitration Association

Retail Service Systems, Ine., an Ohio Corporation
dba BoxDrop Mattress and Furniture dba Royal
‘Heritage Home Furnishings and BoxDrop Furniture
Vs. EXHIBIT
Benjamin Owen, an Individual, and Beachcities
Boxdrop LLC d.b.a Boxdrop Mattress Oceanside

Case# 01-22-0004-9297

Notice of Appointment for Kent Stuckey

Disclosure Obligations

It is most important that the parties have complete confidence in the arbitrator's impartiality. Therefore, please
disclose any past or present relationship with the parties, their counsel, or potential witnesses, direct or indirect,
whether financial, professional, social or of any other kind. This is a continuing obligation throughout your service
on the case and should any additional direct or indirect contact arise during the course of the arbitration or if there is
any change at any time in the biographical information that you have provided, it must also be disclosed. Any
doubts should be resolved in favor of disclosure. If you are aware of direct or indirect contact with such individuals,
please describe it below. Failure to make timely disclosures may forfeit your ability to collect compensation. All
disclosures will be brought to the attention of the parties.

Instructions

You will not be able to serve until this duly executed Notice of Appointment has been completed and submitted.
Please review the Disclosure Guidelines found by navigating to the My Tasks screen from the menu on the left, and
after conducting a conflicts check, answer the following questions and complete the remainder of this Notice of
Appointment.

Should the answer to any of the following questions be "Yes", or if you are aware of any other information that may
lead to a justifiable doubt as to your impartiality or independence or create an appearance of partiality, then describe
the nature of the potential conflict(s) in the space provided.

1. Do you or your law firm presently represent any person in a proceeding involving any party to the arbitration?

Answer : NO

2. Have you represented any person against any party to the arbitration?

Answer : NO

3. Have you had any professional or social relationship with counsel for any party in this proceeding or the firms for
which they work?

Answer : NO

4. Have you had any professional or social relationship with any parties or witnesses identified to date in this
proceeding or the entities for which they work?

Answer : NO
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 28 5:22 PM-23CV008468
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General Arbitrator Oath Form

5. Have you had any professional or social relationship of which you are aware with any relative of any of the
parties to this proceeding, or any relative of counsel to this proceeding, or any of the witnesses identified to date in
the proceeding?

Answer : NO

6. Have you, any member of your family, or any close social or business associate ever served as an arbitrator in a
proceeding in which any of the identified witnesses or named individual parties gave testimony?

Answer : NO

7. Have you, any member of your family, or any close social or business associate been involved in the last five
years in a dispute involving the subject matter contained in the case which you are assigned?

Answer : NO

8. Have you ever served as an expert witness or consultant to any party, attorney, witness or other arbitrator
identified in this case?

Answer : NO

9. Have any of the party representatives, law firms or parties appeared before you in past arbitration cases?

Answer : YES

Comments : I served as arbitrator in another case involving Retail Service Systems, Inc. This will not effect my
ability to serve impartially in this matter.

10. Are you a member of any organization that is not listed on your panel biography that may be relevant to this
arbitration?

Answer : NO

11. Have you ever sued or been sued by either party or its representative?

Answer : NO

12. Do you or your spouse own stock in any of the companies involved in this arbitration?

Answer : NO

13. Ifthere is more than one arbitrator appointed to this case, have you had any professional or social relationships
with any of the other arbitrators?

Answer : NO

14. Are there any connections, direct or indirect, with any of the case participants that have not been covered by the
above questions?

Answer : NO
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 28 5:22 PM-23CV008468
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General Arbitrator Oath Form

15. Are you aware of any other information that may lead to a justifiable doubt as to your impartiality or
independence or create an appearance of partiality?

Answer : NO

Arbitrator's Oath

J attest. that I have reviewed my biographical information provided to the parties on this case and confirm it is
current, accurate and complete.

T attest that [ have diligently conducted a conflicts check, including a thorough review of the information provided to
me about this case to date, and that I have performed my obligations and duties to disclose in accordance with the
Rules of the American Arbitration Association, Code of Ethics for Arbitrators in Commercial Disputes, the parties"
agreement, and applicable law pertaining to arbitrator disclosures.

J further affirm that consistent with the applicable Rules of the American Arbitration Association, the Code of Ethics
for Arbitrators in Commercial Disputes, the parties' agreement, and applicable law:

. That I am fit to serve on the above-referenced arbitration and able to fully execute my responsibilities during all
phases of the case;
That J will keep confidential all matters relating to the above-referenced arbitration;
That I will maintain a professional demeanor and appearance of impartiality during all phases of this case;
That I will endeavor to effectively manage all phases of this case with a commitment to speed, economy and just
resolution in a manner consistent with the parties' expectations;
That I will bill parties responsibly and ethically and will review my bills for reasonableness relative to the nature
and scope of the activity performed prior to submitting them to the AAA.

The arbitrator being duly sworn, hereby accepts this appointment.

Terms of Compensation

Before proceeding, please indicate that you have reviewed the Notice of Compensation Arrangements for this case.

|
Once completed, please indicate your acceptance of this appointment as arbitrator by entering your initials in the
space provided,

(KDS)

Kent Stuckey
24-Feb-23
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American Arbitration Association

Preliminary Hearing and Scheduling Order#1

Case Number: 01-22-0004-9297
EXHIBIT
Retail Service Systems, Inc., an Ohio Corporation
-vs-
Benjamin C. Owen, and Individual, and Beachcities Dropbox LLC
iF
The commentary for the various sections of the Preliminary Hearing form is provided as guidance and does
not supersede legal norms, provisions of the rules, codes of ethics, parties’ arbitration agreements or
arbitrator's authority. To protect the personal privacy and other legitimate interests, parties and their
attorneys must not include, or must redact where inclusion is necessary from all pleadings, personal
identifiable information such as social security numbers and financial account numbers. If account numbers
are required, only the last four digits of a number may be used. Circumstances may prompt arbitrator to make
decisions or take actions different from those illustrated.

Pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the AAA)

effective October 1, 2013, a preliminary hearing was held on March 29, 2023 before Arbitrator Kent D. Stuckey.

Preliminary Hearing Attendees:

For Claimant: Jessica L. Sohner, Esq.

For Respondent: Dan Griffin, Esq.

For the Association: John Germani, AAA Manager of ADR Services

By agreement of the Parties and Order of the Arbitrator, the following is now in effect:

1. Applicable Law: The Federal Arbitration Act (and other applicable federal laws) will apply in the arbitration

with Ohio law to be applied substantively to the arbitration.

2. Parties: The parties agree that Beachcities Dropbox LLC shall be a party to the arbitration pursuant to the

arbitration agreement herein.

3. Arbitrability and Conditions Precedent: The parties agree that there are no issues regarding jurisdiction,

arbitrability or conditions precedent for these proceedings. Any such issues are to be identified to the Arbitrator

within thirty (30) days of this Order.

4, Cybersecurity and Privacy: The parties agree that there is no need for special measures to address

cybersecurity or privacy issues in this proceeding. Upon specific review of AAA materials on these matters, any

such issues are to be identified to the Arbitrator within thirty (30) days of this Order.
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Case Number: 01-22-0004-9297
Preliminary Hearing and Scheduling Order#1
Page 2.

5. Claim/Counterclaim: Claimant does not intend to amend their claims in this matter and Respondent shall

submit all defenses, answers and counterclaims within thirty (30) days of this Order.

6. Plain English Statement of Claims and Defenses: The parties shall submit a brief statement (not to exceed 7

pages) of their claims and defenses within thirty (30) days of this Order.

7, Additional Preliminary Matters: The parties did not identify any additional preliminary matters herein.

8. Motions: Pursuant to the Commercial Rules, motions may not be filed without the permission of the Arbitrator.

Application to file motions shall be filed with the AAA and the Arbitrator, by letter or email not to exceed five (5)

pages (double-spaced); describing (1) the motion the Party wishes to file, (2) the factual and legal basis for the

motion, and (3) the reasons why the motion needs to be filed and how it will expedite resolution of the case or

otherwise benefit the Parties. The submission shall contain a certification that the requesting Party has in good

faith conferred with the opposing Party about the proposed motion prior to any Party requesting that a Motion be

filed. The certification shall state whether the relief sought by the motion has been agreed to by the Parties or will

be opposed. If no conference has occurred, the reason why must be stated. An opposing party may submit a

responsive letter, not to exceed five (5) pages; within seven days of its receipt of a letter requesting a motion.

Parties are advised that it is unlikely that dispositive motions which require resolution of disputed facts, without a

hearing, will be granted. All other requests for advice or direction from the Arbitrator may be made informally by

email or joint telephone conference. Formal motion procedure is not required, although it is allowed if the parties

wish.

Respondent has requested and may file a dispositive motion, which shall be submitted by July 15, 2023.

9. Hearing: A Final Hearing in this matter will commence before the Arbitrator by Zoom (or other agreed upon

virtual platform) on September 11 and 12, 2023, commencing at 9 am EST, expected to proceed through Spm

EST (with a break for lunch). The parties estimate this case will require two consecutive days of hearing,

inclusive of arguments. This is a firm setting and will not be changed or continued absent exceptional

circumstances, upon a showing of good cause.

8. Additional Pre-hearing/Status Conference: An additional phone pre-hearing or status conference call is

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Case Number: 01-22-0004-9297
Preliminary Hearing and Scheduling Order#1
Page 3.

scheduled for August 11, 2023 at 3PM to 4PM EST before the Arbitrator. ‘The parties shall confer regarding a

proposed agenda and shall submit a proposed agenda for the call no later than August 1, 2023. If no agenda is

provided, the call may be cancelled. This call may also be cancelled upon the mutual agreement of the parties.

9, Exchange of Information/Discovery:

a. Written Discovery:

i, Requests shall be exchanged by May 1, 2023. Each Party may serve no more than 20

requests for production of documents and no more than 20 interrogatories.

ii. Answers to discovery requests are due within 30 days of receipt of the requests.

b. Depositions to be completed by July 1, 2023.

i. Claimant may use 6 hours of total deposition time in one deposition (provided Mr, Owen and

Beachside Dropbox LLC may be conducted in a single deposition).

ii, Respondent may use 8 hours of total deposition time in two depositions.

iii, With respect to all depositions, there shall be no speaking objections, or interference with

the ability of counsel to elicit testimony from a witness, subject to privilege objections and

instructions.

c. Discovery cutoff is July 1, 2023.

i. Please be advised that late-filed motions to compel discovery or discovery disputes are

insufficient to cause a postponement of the Final Hearing.

d. Electronic Discovery:

i, Clawback agreements shall be in place for all parties to allow for any retrieval of

inadvertently disclosed attorney-client privileged documents.

ii, If the cost of collection of any of the electronically stored data presents an unreasonable cost

for the producing party because the data is not readily accessible and the parties cannot reach an

agreement on the handling of the cost, the Arbitrator will decide if cost sharing or cost shifting

is appropriate.
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Case Number: 01-22-0004-9297
Preliminary Hearing and Scheduling Order#1
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iii. If any party has documents that are confidential, the Arbitrator will issue a protective order

upon the receipt of a stipulation from the parties for such an order. If the parties cannot agree

on the terms, they may request a sample Stipulation for Protective Order from the AAA.

iv. Any agreement of the parties regarding electronic discovery is to be memorialized in an ESI

case management order to be submitted in draft to the Arbitrator on or before May 1, 2023. If

the parties cannot come to agreement regarding all salient issues concerning electronic

discovery not covered by this order, they may raise the remaining issues to the Arbitrator by

motion.

10. Confidentiality: A party may make a request to the Arbitrator for any measures required to protect

confidential information.

11. Subpoenas:

a, Subpoenas to secure the appearance of non-party witnesses or documents will be issued by the

Arbitrator. The Party requesting the subpoena shall disclose the subpoena to and shall confer with all

other Parties prior to requesting its issuance and shall indicate if any Party opposes the issuance. If any

Party objects to issuance of the subpoena or the content of any subpoena, such objection shall be

presented to the Arbitrator no more than 5 business days after issuance is requested, unless a shorter time

is ordered by the Arbitrator. Subpoenas related to discovery shall be submitted to the Arbitrator on or

before June 1, 2023. Subpoenas for the attendance of witnesses at the hearing shall be submitted no later

than August 1, 2023.

b. Pursuant to agreement of the parties, for cases involving an arbitration panel, the chair of the panel, and

in his/her absence, any other panel member may issue subpoena(s) and rule on discovery.

12. Witness Disclosures:

a. Each party shall file a disclosure of all witnesses reasonably expected to be called by them within

thirty (30) days of this Order, which shall include a brief statement of the expected subject matter of such

testimony.
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Case Number: 01-22-0004-9297
Preliminary Hearing and Scheduling Order#1
Page 5.

b. The parties do not currently intend to call expert witnesses in this matter. Should a party desire to use

an expert witness, they shall submit a written request (with good cause) by July 15, 2023.

13. Exhibits: The parties shall exchange copies of all exhibits to be offered and all schedules, summaries,

diagrams, and charts to be used at hearing not later than August 1, 2023.

a. The Association does not require a copy of the exhibits for its file.

b. Each party shall bring sufficient copies to the hearing for opposing parties, the Arbitrator, and the

witness,

c. Each proposed exhibit shall be pre-marked for identification using the following designations:

Party Exhibit # To Exhibit #

Claimant cl Cc —

Respondent Ri R

d. The parties shall attempt to agree upon and submit a jointly prepared consolidated and comprehensive

set of joint exhibits by August 21, 2023. Demonstrative exhibits to be shared by August 15, 2023 (with

objections submitted within 7 days). Joint Exhibits shall be numbered sequentially with the prefix J (1,

J-2, J-3, etc.).

14. Arbitration Hold: Counsel for the Parties are directed to inform their clients that the Arbitrator has ordered

an arbitration hold which applies to all matters relevant to this proceeding, and that the clients should take steps to

prevent the destruction of all documents, both paper and electronic. If any party has an automatic document

deletion/destruction program in place that system should be overridden until the case is completed.

15. Stipulation of Uncontested Facts: The parties shall file a stipulation of uncontested facts by September 1,

2023.

16. Pre-Hearing Briefs: On or before September 8, 2023, each party may serve and file a pre-hearing brief on all

significant disputed issues, setting forth briefly the party’s position and the supporting arguments and authorities.

a. Briefs may be in summary form, including the use of bullet points rather than extensive text.
5
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b. Briefs shall not exceed 15 double-spaced pages, excluding copies of any authorities that the parties may

submit at the same time. The parties are invited to highlight any authorities as they deem appropriate.

c. The Arbitrator will address the timetable for Post-Hearing Briefs at the Hearing.

17. Stenographic Record: The parties agree that no stenographic record of the hearing will be made.

18. Award:

a. Form of Award:

i. A reasoned award shall be made by the Arbitrator in this matter.

ii, The award will be made no later than 30 days from the date of closing the hearing.

iii. The arbitration agreement provides for the awarding of attorney’s fees to the prevailing

party.

b. Any request for another form of Award shall be made within thirty (30) days of this Order.

19. Mediation/Judicial Settlement Conference Services:

a. Mediation and Judicial Settlement Conference Services are available from the AAA. There is no

additional filing fee to initiate either service, but mediators are usually compensated for their services.

b. Should the parties decide to mediate their dispute, they shall request mediation from AAA within thirty

(30) days of this Order.

20. Communication: The parties agree to participate in Direct Exchange. Provided there is no ex parte

communication with the Arbitrator, the parties may communicate directly with the Arbitrator by submitting

documents to the Arbitrator and also sending copies to the other party(s) and the AAA. (except for hearing

exhibits and discovery documents). Email submission of documents and email requests for action by the

Arbitrator are requested, provided that the AAA and all parties also receive copies of all of these. For convenience

of the parties, the following are the email addresses to be used.

i, Arbitrator: kentdstuckey@gmail.com
ii, AAA Administrator: GermaniJ@adr.com
iii. Claimant: jessica@aacolpa.com
iv. Respondent: dgriffin@newpointlaw.com
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Page 7.

There shall be no direct oral or written communication between the parties and the Arbitrator except as

contemplated by this Order. Any communication to the Arbitrator shall be copied to the AAA and the opposing

party(ies).

21, Disclosures of the Arbitrator: Each counsel and Party has a continuing obligation to protect the integrity of

the arbitration proceeding by promptly providing the Arbitrator the information necessary to allow him/her to

comply with his/her ongoing duties of disclosure pursuant to the Code of Ethics for Arbitrators in Commercial

Disputes and the American Arbitration Association. Counsel, for themselves and for each of their clients,

acknowledge the continuing obligation to supplement the identification of potential fact and expert witnesses,

consulting experts, counsel participation and representation in any capacity, and any other individual or entity

interested in the outcome of the arbitration. Any issues concerning disqualification of the Arbitrator shall be

raised promptly with the AAA.

22. File Destruction: The Arbitrator will destroy their files related to this matter 30 days after the filing of the

Award unless otherwise notified by the parties.

23. Deadline Enforcement: Ali deadlines stated herein will be strictly enforced and adhered to in order to avoid

unnecessary delay and to ensure an expedient and fair resolution of this matter. This order shall continue in effect

unless and until amended by subsequent order of the Arbitrator.

Dated: March 29, 2023

Arbitrator signanures Kee Dd : Stuckey <
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>
Secretary of State LLC-12 22-A56026
Statement of Information
iron (Limited Liability Company) FILED
In the office of the Secretary of State
IMPORTANT — This form can be filed online at of the State of California
EXHIBIT

i
bizfile.sos.ca.gov.
Read instructions before completing this form. JAN 27, 2022
Filing Fee - $20.00
Copy Fees - First page $1.00; each attachment page $0
Certification Fee - $5.00 plus copy fees
This Space For Office Use Only
1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an
alternate name, see instructions.)

BEACHCITIES BOXDROP LLC

2. 12-Digit Secretary of State Entity Number 3. State, Foreign Country or Place of Organization (only,
if formed outside of California)
201901810224 CALIFORNIA

4. Business Addresses
a. Street Address of Principal Office - Do not list a P.O. Box City (no abbreviations) State Zip Code
3375 Mission Ave. Sute | Oceanside CA 92058

b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code
3375 Mission Ave. Sute | Oceanside CA 92058

c. Street Address of California Office, if Item 4a is not in California City (no abbreviations) State Zip Code
Do not list a P.O. Box
3375 Mission Ave. Sute | Oceanside CA 92058

5, Manager(s) or Member(s) Ifno managers have been appointed or elected, provide the name and address of
each member. At least one name and address must be listed. If the
manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank).
If the manager/member is an additional managers/members, enter the names(s)
and address(es) on Form LLC-12A.
a. First Name, if an individual - Do not complete Item 5b Middle Name Last Name Suffix
Benjaim Owen

b. Entity Name - Do not complete Item 5a

c. Address City (no abbreviations) State Zip Code
910N. Pacific Street Unit 13 Oceanside CA 92054

LLc-12 (REV 12/2021) 2021 Califomia Secretary of State
Page 1 of 2 izfile.s08.ca.go'
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 28 5:22 PM-23CV008468
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6. Service of Process (Must provide either Individual OR Corporation.)
INDIVIDUAL— Complete Items 6a and 6b only. Must include agent's full name and California street address.

a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix
Benjamin Owen

b. Street Address (if agent is not a corporation) - Do not enter a City (no abbreviations) State | Zip Code
P.O. Box
910 N. Pacific St. Unit #13 Oceanside CA 92054

CORPORATION — Complete Item 6c only. Only include the name of the registered agent Corporation.
¢. California Registered Corporate Agent's Name (if agent is a corporation) — Do not complete Item 6a or 6b

7. Type of Business
Describe the type of business or services of the Limited Liability Company
Matress Retailer

8. Chief Executive Officer, if elected or appointed
a. First Name Middle Name Last Name Suffix
Benjamin Owen

b. Address City (no abbreviations) State Zip Code
910N. Pacific St. Unit #13 Oceanside CA 92054

9. Labor Judgment

Does a Manager or Member have an outstanding final judgment issued by the Division
of Labor Standards Enforcement or a court of law, for which no appeal therefrom is O Yes /] No
pending, for the violation of any wage order or provision of the Labor Code?

10. By signing, | affirm under penalty of perjury that the information herein is true and correct and that | am
authorized by California law to sign.

01/27/2022 Benjamin Owen CEO
Date Type or Print Name Title Signature

LLC-12 (REV 12/2021) 2021 Califomia Secretary of State
Page 2 of 2
bizfile.sos.ca.gor

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Exhibit,Appendix: RETAIL SERVICE SYSTEMS INC Vs BENJAMIN C OWEN VS.BENJAMIN C OWEN ET AL

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