Preview
Filing # 49328957 E-Filed 11/28/2016 02:47:10 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2016-CA-04103-0
COMMERCIAL BUSINESS FINANCE,
CORP. d/b/a COMMERCIAL BUSINESS
FINANCE, a Florida corporation,
Plaintiff,
v.
ATLANTIC CONTROLS CORP., a Florida
corporation, ANTHONY W. BROWN,
individually, jointly and severally, ALLEN
ELECTRIC SUPPLY CO., a Michigan
corporation, and RICHARDS. GALL, an
individual,
Defendants.
- - - - - - - - - - - - - -I
PLAINTIFF COMMERCIAL BUSINESS FINANCE CORP.'S REPLY IN
SUPPORT OF ITS MOTION TO COMPEL DEFENDANTS ATLANTIC
CONTROLS CORP. AND ANTHONY W. BROWN TO PRODUCE
DOCUMENTS RESPONSIVE TO PLAINTIFF'S FIRST SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS, FOR RULING ON
DEFENDANTS' OBJECTIONS TO THE PRODUCTION REQUESTS, AND
FOR SANCTIONS FOR DEFENDANTS' FAILURE TO COMPLY WITH
THIS COURT'S AUGUST 23, 2016 DISCOVERY ORDER
Plaintiff Commercial Business Finance Corp. d/b/a Commercial Business
Finance ("CBF"), by and through the undersigned counsel, and pursuant to Fla. R.
Civ. P. 1.280, 1.350 and 1.380 and Sections 5 of the Business Court Procedures,
hereby files this Reply to its Motion to Compel Defendants Atlantic Controls Corp.
Case No. 2016-CA-04103-0
CBF's Reply to the Motion to Compel Production
Page 2 of5
("Atlantic") and Anthony W. Brown ("Brown") (collectively, "Defendants") to
Produce Documents Responsive to CBF's First Set of Requests for Production of
Documents (collectively, the "Production Requests"), for Ruling on Defendants'
Objections to the Production Requests, and for Sanctions for Defendants' Failure
to Comply with this Court's August 23, 2016 Discovery Order (the "Motion to
Compel"), and in support thereof states:
1. This Court should grant the Motion to Compel and impose sanctions
against the Defendants for all of the following reasons: (a) the Defendants have
had five (5) months to produce documents in response to CBF's Production
Requests and have failed to produce a single document to CBF; (b) the Defendants
have also failed to comply with this Court's Discovery Order which required
Defendants to file and serve their responses to CBF's Production Requests by no
later than September 22, 2016; and (c) and the Defendants asserted improper
general "objections" to the Production Requests in violation of Florida Rule of
Civil Procedure l.350(b).
2. The Defendants attempt to excuse their blatant disregard of the
Florida Rules of Civil Procedure, the rules of this Court, and this Court's
Discovery Order by alleging that CBF failed to make a good faith effort to obtain
the documents before filing the Motion to Compel. The Motion to Compel and the
e-mail communications attached as Exhibit F to the Motion to Compel clearly
Case No. 2016-CA-04103-0
CBF's Reply to the Motion to Compel Production
Page 3 of5
evidence that multiple good faith efforts to resolve this dispute were attempted by
CBF before filing the Motion to Compel. CBF provided the Defendants with
additional time to respond to the Production Requests and to produce documents
after the Court ordered deadline had already passed, yet the Defendants missed the
agreed upon deadlines, failed to request an additional extension of time, and never
responded to respond to CBF's multiple good faith requests for the production of
documents. 1
3. The Defendants have also attempted to evade sanctions by filing
Responses to CBF's Production Requests. Copies of the Defendants' Responses to
CBF's First Request to Produce are attached as Composite Exhibit A. However,
this Court should strike the Defendants' Responses and overrule the objections
asserted by the Defendants because the Responses were untimely filed on
November 16, 2016, two weeks after the Motion to Compel was filed, five months
after the Production Requests were served upon Defendants, and seven weeks after
the Discovery Order deadline. See Fla. R. Civ. P. l.350(b ); Am. Funding Ltd. v.
Hill, 402 So.2d 1369 (Fla. 1st DCA 198l)(finding trial court did not abuse its
discretion in granting motion to compel without considering the untimely
objections raised by the responding party).
1
The Motion to Compel was filed nearly a month after Hurricane Matthew passed over the State
of Florida and yet not a single request for an extension of time or any communication regarding
the Production Requests was issued by the Defendants to CBF.
Case No. 2016-CA-04103-0
CBF's Reply to the Motion to Compel Production
Page4 ofS
4. The Defendants have not asserted a single valid basis for denying the
Motion to Compel. As such, CBF respectfully requests that the Court grant the
Motion to Compel in its entirety.
WHEREFORE Plaintiff Commercial Business Finance Corp. d/b/a
Commercial Business Finance respectfully requests that this Court enter an Order
granting this Motion to Compel; overruling all of Defendants Defendants Atlantic
Controls Corp. 'sand Anthony W. Brown's objections to the Production Requests;
compelling the Defendants to produce all documents responsive to CBF's First
Sets of Requests for Production (Exhibits A and B) within five (5) days of the
Court's Order; awarding CBF its reasonable expenses, including attorney's fees,
incurred in connection with this Motion, including any attorney's fees incurred for
attending a hearing on this Motion, if any, as sanctions for Defendants' failure to
timely produce documents and to comply with the Court's Discovery Order; and
for such other relief as this Court deems necessary and proper.
Case No. 2016-CA-04103-0
CBF's Reply to the Motion to Compel Production
Page 5 of5
Respectfully submitted,
ULLMAN & ULLMAN, P.A.
Attorneys for Plaintiff Commercial Business
Finance Corp.
7700 West Camino Real, Suite 401
Boca Raton, Florida 33433
Telephone: (561) 338-3535
Facsimile: (561) 338-3581
BY: Isl Jocelyne A. Macelloni
JOCELYNE A. MACELLONI
Florida Bar No. 92092
Email: j ocelyne.macelloni@uulaw.net
MICHAEL W. ULLMAN
Florida Bar No. 259667
Email: michael. ullman@uulaw.net
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
served upon counsel for Atlantic Controls Corp. and Anthony W. Brown, Undine
C. George, Esq., Anastasia Law, PL, at undine@anastasialaw.net, in accordance
with Rule 2.5 l 6(b )(1) of the Florida Rules of Judicial Administration, on this 28th
day ofNovember, 2016.
By: Isl Jocelyne A. Macelloni
JOCELYNE A. MACELLONI
G:\wp51 16\160016\Pleadings\Motion to Compel and for Sanctions ( 11-28-16).doc
Filing# 48981468 E-Filed 11/16/2016 03:30:06 PM
COMMERCIAL BUSINESS IN THE CIRCUIT COURT OF THE
FINANCE CORP. DBA NINTH JUDICIAL CIRCUIT, IN
COMMERCIAL BUSINESS AND FOR ORANGE COUNTY,
FINANCE, a Florida Corporation, FLORIDA
Plaintiff, CASE NO.: 2016-CA-004103-0
vs.
ATLANTIC CONTROLS
CORPORATION a Florida
Corporation; ANTHONY W.
BROWN, Individually, jointly, and
severally; ALLEN ELECTRIC
SUPPLY CO., a Michigan
Corporation; and RICHARD S. GALL,
an Individual.
Defendants.
- - - - - - - - - - - - - -I
DEFENDANT ATLANTIC CONTROLS CORP.'S RESPONSES TO
PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT
Pursuant to Rule 1.350, Florida Rule of Civil Procedure, Defendant, ATLANTIC
CONTROLS CORP, by and through its undersigned counsel gives notice of responding to
Plaintiff, COMMERCIAL BUSINESS FINANCE CORP' S, First Request for Production of
Documents.
RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE
Without waiving all previously stated objections, Defendants object to each request to the
extent that it seeks disclosure of documents which are protected by attorney-client
privilege, work product doctrine, or other privilege or to the extent such documents contain
EXHIBIT
Page 1 of 8 1 0
trade secret or other confidential and/or proprietary information and responds further as
follows, reserving the right to supplement these responses as discovery continues:
1. All Documents and ESI relating to Your relationship to Brown, including without
limitation, organizational charts, articles of incorporation, shareholder agreements,
operating agreements, bylaws, promissory notes and contracts.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
2. All Documents and ESI between and among You, on the one hand, and Allen Electric on
the other hand, including without limitation, emails, correspondence, text messages,
contracts, agreements, promissory notes, demands, notices, memoranda, and notes
(including any amendments and drafts).
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
3. All Documents and ESI between and among You, on the one hand, and Gall on the other
hand, including without limitation, emails, correspondence, text messages, contracts,
agreements, promissory notes, demands, notices, memoranda, and notes (including any
amendments and drafts).
Page 2 of 8
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
4. All Documents and ESI between and among You, on the one hand, and CBF on the other
hand, including without limitation, emails, correspondence, text messages, contracts,
agreements, promissory notes, demands, notices, memoranda, and notes (including any
amendments and drafts).
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
5. All Documents and ESI between and among You, on the one hand, and any Person on
the other hand, including without limitation, emails, correspondence, text messages,
contracts, agreements, promissory notes, demands, notices, memoranda, and notes
(including any amendments and drafts), relating to:
a. CBF;
b. The Factoring Agreement;
c. The Credit Agreement;
d. The Note:
e. Modification of Credit Agreement and Promissory Note;
f. Allen Electric; and/or
g. Wrongful Redirection of Payment Letter.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
Page 3 of 8
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
6. All Documents and ESI relating to the Wrongful Redirection of Payments Letter,
including without limitation, all contracts, agreements, emails, correspondence, invoices,
demands, and notices.
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control of Brown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
7. All Documents and ESI relating to and/or reflecting any payment instructions provided
by You to Your customers, including without limitation, copies of any such payment
instructions, all correspondence, emails, telephone records, text messages, facsimiles,
invoices, demands and notices.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
8. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and Allen Electric, including without
limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back),
cancelled checks, bank statements, A TM receipts, withdrawal receipts, transfer
confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or
QuickBooks records.
Page 4 of 8
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 8 through 11
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
9. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and CBF, including without limitation, notes,
correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks,
bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire
confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records.
REPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 8 through 11
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
10. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and Allen Electric, including without
limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back),
cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer
confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or
QuickBooks records.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 8 through 11
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
Page 5 of 8
11. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You by any of Your customers, including without
limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back),
cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer
confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or
QuickBooks records.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 8 through 11
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
12. All Documents and ESI that support the allegations made by You in Your First
Affirmative Defense that: "Defendants are entitled to a set-off for all monies paid to
Plaintiff pursuant to the subject contractual arrangement," including without limitation,
all documents evidencing such payments.
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control ofBrown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
13. All Documents and ESI that support the allegations made by You in Your First
Affirmative Defense that: "Upon information and belief, Plaintiff has charged and/or
collected payments from Defendants and/or Defendants' customers for attorney fees,
legal fees, costs, assessments, advances, late fees, and other charges that are not
authorized by or in conformity with the terms of the subject contractual arrangement.
Upon information and belief Plaintiff wrongfully added and continue to add these illegal
charges to the balance Plaintiff claims is due and owing."
RESPONSE: Will be produced to tlte extent such documents exist and are in the custody
and control ofBrown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
Page 6 of 8
14. All Documents and ESI that support the allegations made by You in Your Third
Affirmative Defense that: Upon information and belief, Plaintiff comes to court with
unclean hands and are prohibited by reason thereof from obtaining the equitable relief of
replevin from this Court. Plaintiffs unclean hands arise from Plaintiffs adding improper
charges added to the balance.
RESPONSE: Will be produced to the extent such documents exist and are in the
custody and control of Brown and Atlantic and inspection will be permitted at a time
and location mutually agreeable to counsel.
15. All Documents and ESI that support the allegations made by You in Your Fourth
Affirmative Defenses that: "Granting Plaintiffs requested relief would unjustly enrich
Plaintiff to the detriment of Defendants."
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control ofBrown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
16. All Documents and ESI that support Your denial of any allegations in the Complaint,
including without limitation, paragraphs 9, 21, 28, 31, 39, 42, 48, 50, 55, 56, 58, 61 of the
Complaint.
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control ofBrown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
17. All Documents and ESI relating to and/or identifying the amount of money which You
contend is owed to CBF.
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control of Brown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
Page 7 of 8
18. All Documents and ESI referred to or relied upon in support of Your responses to CBF's
First Set of Interrogatories.
RESPONSE: None.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished by e-mail
to Jocelyne A. Macelloni, Esquire, attorney for Plaintiff, at: Uocelyne.macelloni@uulaw.net) on
this 16 day of November, 2016.
ANASTASIA LAW, P.L.
/s/ Undine C. George
Undine C. George, Esquire
FL Bar No. 16872
Pamela M. M. Holcombe, Esq.
Florida Bar No. 135010
th
107 A 11 Street
St. Augustine, FL 32080
Tel: (904) 236-6243
undine@anastasialaw.net
service@anastasialaw.net
Attorneys for Defendant
Page 8 of 8
Filing# 48981468 E-Filed 11/16/2016 03:30:06 PM
COMMERCIAL BUSINESS IN THE CIRCUIT COURT OF THE
FINANCE CORP. DBA NINTH JUDICIAL CIRCUIT, IN
COMMERCIAL BUSINESS AND FOR ORANGE COUNTY,
FINANCE, a Florida Corporation, FLORIDA
Plaintiff, CASE NO.: 2016-CA-004103-0
vs.
ATLANTIC CONTROLS
CORPORATION a Florida
Corporation; ANTHONY W.
BROWN, Individually, jointly, and
severally; ALLEN ELECTRIC
SUPPLY CO., a Michigan
Corporation; and RICHARDS. GALL,
an Individual.
Defendants.
- - - - - - - - - - - - - -I
DEFENDANT ATLANTIC CONTROLS CORP.'S RESPONSES TO
PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT
Pursuant to Rule 1.350, Florida Rule of Civil Procedure, Defendant, ANTHONY W.
BROWN, by and through its undersigned counsel gives notice of responding to Plaintiff,
COMMERCIAL BUSINESS FINANCE CORP'S, First Request for Production of Documents.
RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE
Without waiving all previously stated objections, Defendants object to each request to the
extent that it seeks disclosure of documents which are protected by attorney-client
privilege, work product doctrine, or other privilege or to the extent such documents contain
trade secret or other confidential and/or proprietary information and responds further as
follows, reserving the right to supplement these responses as discovery continues:
Page 1 of 7
1. All Documents and ESI relating to Your relationship to Atlantic, including without
limitation, organizational charts, articles of incorporation, shareholder agreements,
operating agreements, bylaws, promissory notes and contracts.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
2. All Documents and ESI between and among You, on the one hand, and Allen Electric on
the other hand, including without limitation, emails, correspondence, text messages,
contracts, agreements, promissory notes, demands, notices, memoranda, and notes
(including any amendments and drafts).
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
3. All Documents and ESI between and among You, on the one hand, and Gall on the other
hand, including without limitation, emails, correspondence, text messages, contracts,
agreements, promissory notes, demands, notices, memoranda, and notes (including any
amendments and drafts).
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
Page 2 of 7
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will he permitted at a time and location
mutually agreeable to counsel.
4. All Documents and ESI between and among You, on the one hand, and CBF on the other
hand, including without limitation, emails, correspondence, text messages, contracts,
agreements, promissory notes, demands, notices, memoranda, and notes (including any
amendments and drafts).
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
relevant to the scope of the pleadings, inspection will he permitted at a time and location
mutually agreeable to counsel.
5. All Documents and ESI between and among You and any Person, including without
limitation, emails, correspondence, text messages, contracts, agreements, promissory
notes, demands, notices, memoranda, and notes (including any amendments and drafts),
relating to:
a. CBF;
b. The Factoring Agreement;
c. The Credit Agreement;
d. The Note:
e. Modification of Credit Agreement and Promissory Note;
f. Allen Electric; and/or
g. Wrongful Redirection of Payment Letter.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Notwithstanding this objection, to the extent responsive
documents exist in the custody and control of the Defendants and such documents are
Page 3 of 7
relevant to the scope of the pleadings, inspection will be permitted at a time and location
mutually agreeable to counsel.
6. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and Atlantic, including without limitation,
notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled
checks, bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire
confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 6 through 9
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
7. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and Allen Electric, including without
limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back),
cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer
confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or
QuickBooks records.
RESPONSE: This request is vague, overly broad, and includes documents wlticlt are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 6 through 9
cumulatively are a/is/ting expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
8. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and Gall, including without limitation, notes,
correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks,
bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire
confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records.
Page 4 of 7
REPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 6 through 9
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
9. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money,
goods or property) between or among You and CBF, including without limitation, notes,
correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks,
bank statements, ATM receipts, withdrawal receipts, transfer confirmations, wire
confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records.
RESPONSE: This request is vague, overly broad, and includes documents which are
neither relevant nor material to the issues in the case, nor likely to lead to the discovery
of admissible evidence. Further, Plaintiff's Production Requests 6 through 9
cumulatively are a fishing expedition that basically request the Atlantic Defendants to
open the company's books which contain confidential and proprietary information.
10. All Documents and ESI that support the allegations made by You in Your First
Affirmative Defense that: "Defendants are entitled to a set-off for all monies paid to
Plaintiff pursuant to the subject contractual arrangement," including without limitation,
all documents evidencing such payments.
RESPONSE: Will be produced to the extent such documents exist and are in the custody
and control ofBrown and Atlantic and inspection will be permitted at a time and location
mutually agreeable to counsel.
11. All Documents and ESI that support the allegations made by You in Your First
Affirmative Defense that: "Upon information and belief, Plaintiff has charged and/or
collected payments from Defendants and/or Defendants' customers for attorney fees,
legal fees, costs, assessments, advances, late fees, and other char
Preview
Filing # 49328957 E-Filed 11/28/2016 02:47:10 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2016-CA-04103-0 COMMERCIAL BUSINESS FINANCE, CORP. d/b/a COMMERCIAL BUSINESS FINANCE, a Florida corporation, Plaintiff, v. ATLANTIC CONTROLS CORP., a Florida corporation, ANTHONY W. BROWN, individually, jointly and severally, ALLEN ELECTRIC SUPPLY CO., a Michigan corporation, and RICHARDS. GALL, an individual, Defendants. - - - - - - - - - - - - - -I PLAINTIFF COMMERCIAL BUSINESS FINANCE CORP.'S REPLY IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANTS ATLANTIC CONTROLS CORP. AND ANTHONY W. BROWN TO PRODUCE DOCUMENTS RESPONSIVE TO PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, FOR RULING ON DEFENDANTS' OBJECTIONS TO THE PRODUCTION REQUESTS, AND FOR SANCTIONS FOR DEFENDANTS' FAILURE TO COMPLY WITH THIS COURT'S AUGUST 23, 2016 DISCOVERY ORDER Plaintiff Commercial Business Finance Corp. d/b/a Commercial Business Finance ("CBF"), by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.280, 1.350 and 1.380 and Sections 5 of the Business Court Procedures, hereby files this Reply to its Motion to Compel Defendants Atlantic Controls Corp. Case No. 2016-CA-04103-0 CBF's Reply to the Motion to Compel Production Page 2 of5 ("Atlantic") and Anthony W. Brown ("Brown") (collectively, "Defendants") to Produce Documents Responsive to CBF's First Set of Requests for Production of Documents (collectively, the "Production Requests"), for Ruling on Defendants' Objections to the Production Requests, and for Sanctions for Defendants' Failure to Comply with this Court's August 23, 2016 Discovery Order (the "Motion to Compel"), and in support thereof states: 1. This Court should grant the Motion to Compel and impose sanctions against the Defendants for all of the following reasons: (a) the Defendants have had five (5) months to produce documents in response to CBF's Production Requests and have failed to produce a single document to CBF; (b) the Defendants have also failed to comply with this Court's Discovery Order which required Defendants to file and serve their responses to CBF's Production Requests by no later than September 22, 2016; and (c) and the Defendants asserted improper general "objections" to the Production Requests in violation of Florida Rule of Civil Procedure l.350(b). 2. The Defendants attempt to excuse their blatant disregard of the Florida Rules of Civil Procedure, the rules of this Court, and this Court's Discovery Order by alleging that CBF failed to make a good faith effort to obtain the documents before filing the Motion to Compel. The Motion to Compel and the e-mail communications attached as Exhibit F to the Motion to Compel clearly Case No. 2016-CA-04103-0 CBF's Reply to the Motion to Compel Production Page 3 of5 evidence that multiple good faith efforts to resolve this dispute were attempted by CBF before filing the Motion to Compel. CBF provided the Defendants with additional time to respond to the Production Requests and to produce documents after the Court ordered deadline had already passed, yet the Defendants missed the agreed upon deadlines, failed to request an additional extension of time, and never responded to respond to CBF's multiple good faith requests for the production of documents. 1 3. The Defendants have also attempted to evade sanctions by filing Responses to CBF's Production Requests. Copies of the Defendants' Responses to CBF's First Request to Produce are attached as Composite Exhibit A. However, this Court should strike the Defendants' Responses and overrule the objections asserted by the Defendants because the Responses were untimely filed on November 16, 2016, two weeks after the Motion to Compel was filed, five months after the Production Requests were served upon Defendants, and seven weeks after the Discovery Order deadline. See Fla. R. Civ. P. l.350(b ); Am. Funding Ltd. v. Hill, 402 So.2d 1369 (Fla. 1st DCA 198l)(finding trial court did not abuse its discretion in granting motion to compel without considering the untimely objections raised by the responding party). 1 The Motion to Compel was filed nearly a month after Hurricane Matthew passed over the State of Florida and yet not a single request for an extension of time or any communication regarding the Production Requests was issued by the Defendants to CBF. Case No. 2016-CA-04103-0 CBF's Reply to the Motion to Compel Production Page4 ofS 4. The Defendants have not asserted a single valid basis for denying the Motion to Compel. As such, CBF respectfully requests that the Court grant the Motion to Compel in its entirety. WHEREFORE Plaintiff Commercial Business Finance Corp. d/b/a Commercial Business Finance respectfully requests that this Court enter an Order granting this Motion to Compel; overruling all of Defendants Defendants Atlantic Controls Corp. 'sand Anthony W. Brown's objections to the Production Requests; compelling the Defendants to produce all documents responsive to CBF's First Sets of Requests for Production (Exhibits A and B) within five (5) days of the Court's Order; awarding CBF its reasonable expenses, including attorney's fees, incurred in connection with this Motion, including any attorney's fees incurred for attending a hearing on this Motion, if any, as sanctions for Defendants' failure to timely produce documents and to comply with the Court's Discovery Order; and for such other relief as this Court deems necessary and proper. Case No. 2016-CA-04103-0 CBF's Reply to the Motion to Compel Production Page 5 of5 Respectfully submitted, ULLMAN & ULLMAN, P.A. Attorneys for Plaintiff Commercial Business Finance Corp. 7700 West Camino Real, Suite 401 Boca Raton, Florida 33433 Telephone: (561) 338-3535 Facsimile: (561) 338-3581 BY: Isl Jocelyne A. Macelloni JOCELYNE A. MACELLONI Florida Bar No. 92092 Email: j ocelyne.macelloni@uulaw.net MICHAEL W. ULLMAN Florida Bar No. 259667 Email: michael. ullman@uulaw.net CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon counsel for Atlantic Controls Corp. and Anthony W. Brown, Undine C. George, Esq., Anastasia Law, PL, at undine@anastasialaw.net, in accordance with Rule 2.5 l 6(b )(1) of the Florida Rules of Judicial Administration, on this 28th day ofNovember, 2016. By: Isl Jocelyne A. Macelloni JOCELYNE A. MACELLONI G:\wp51 16\160016\Pleadings\Motion to Compel and for Sanctions ( 11-28-16).doc Filing# 48981468 E-Filed 11/16/2016 03:30:06 PM COMMERCIAL BUSINESS IN THE CIRCUIT COURT OF THE FINANCE CORP. DBA NINTH JUDICIAL CIRCUIT, IN COMMERCIAL BUSINESS AND FOR ORANGE COUNTY, FINANCE, a Florida Corporation, FLORIDA Plaintiff, CASE NO.: 2016-CA-004103-0 vs. ATLANTIC CONTROLS CORPORATION a Florida Corporation; ANTHONY W. BROWN, Individually, jointly, and severally; ALLEN ELECTRIC SUPPLY CO., a Michigan Corporation; and RICHARD S. GALL, an Individual. Defendants. - - - - - - - - - - - - - -I DEFENDANT ATLANTIC CONTROLS CORP.'S RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT Pursuant to Rule 1.350, Florida Rule of Civil Procedure, Defendant, ATLANTIC CONTROLS CORP, by and through its undersigned counsel gives notice of responding to Plaintiff, COMMERCIAL BUSINESS FINANCE CORP' S, First Request for Production of Documents. RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE Without waiving all previously stated objections, Defendants object to each request to the extent that it seeks disclosure of documents which are protected by attorney-client privilege, work product doctrine, or other privilege or to the extent such documents contain EXHIBIT Page 1 of 8 1 0 trade secret or other confidential and/or proprietary information and responds further as follows, reserving the right to supplement these responses as discovery continues: 1. All Documents and ESI relating to Your relationship to Brown, including without limitation, organizational charts, articles of incorporation, shareholder agreements, operating agreements, bylaws, promissory notes and contracts. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 2. All Documents and ESI between and among You, on the one hand, and Allen Electric on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 3. All Documents and ESI between and among You, on the one hand, and Gall on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). Page 2 of 8 RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 4. All Documents and ESI between and among You, on the one hand, and CBF on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 5. All Documents and ESI between and among You, on the one hand, and any Person on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts), relating to: a. CBF; b. The Factoring Agreement; c. The Credit Agreement; d. The Note: e. Modification of Credit Agreement and Promissory Note; f. Allen Electric; and/or g. Wrongful Redirection of Payment Letter. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery Page 3 of 8 of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 6. All Documents and ESI relating to the Wrongful Redirection of Payments Letter, including without limitation, all contracts, agreements, emails, correspondence, invoices, demands, and notices. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control of Brown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 7. All Documents and ESI relating to and/or reflecting any payment instructions provided by You to Your customers, including without limitation, copies of any such payment instructions, all correspondence, emails, telephone records, text messages, facsimiles, invoices, demands and notices. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 8. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and Allen Electric, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. Page 4 of 8 RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 8 through 11 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 9. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and CBF, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. REPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 8 through 11 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 10. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and Allen Electric, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 8 through 11 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. Page 5 of 8 11. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You by any of Your customers, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 8 through 11 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 12. All Documents and ESI that support the allegations made by You in Your First Affirmative Defense that: "Defendants are entitled to a set-off for all monies paid to Plaintiff pursuant to the subject contractual arrangement," including without limitation, all documents evidencing such payments. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control ofBrown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 13. All Documents and ESI that support the allegations made by You in Your First Affirmative Defense that: "Upon information and belief, Plaintiff has charged and/or collected payments from Defendants and/or Defendants' customers for attorney fees, legal fees, costs, assessments, advances, late fees, and other charges that are not authorized by or in conformity with the terms of the subject contractual arrangement. Upon information and belief Plaintiff wrongfully added and continue to add these illegal charges to the balance Plaintiff claims is due and owing." RESPONSE: Will be produced to tlte extent such documents exist and are in the custody and control ofBrown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. Page 6 of 8 14. All Documents and ESI that support the allegations made by You in Your Third Affirmative Defense that: Upon information and belief, Plaintiff comes to court with unclean hands and are prohibited by reason thereof from obtaining the equitable relief of replevin from this Court. Plaintiffs unclean hands arise from Plaintiffs adding improper charges added to the balance. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control of Brown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 15. All Documents and ESI that support the allegations made by You in Your Fourth Affirmative Defenses that: "Granting Plaintiffs requested relief would unjustly enrich Plaintiff to the detriment of Defendants." RESPONSE: Will be produced to the extent such documents exist and are in the custody and control ofBrown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 16. All Documents and ESI that support Your denial of any allegations in the Complaint, including without limitation, paragraphs 9, 21, 28, 31, 39, 42, 48, 50, 55, 56, 58, 61 of the Complaint. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control ofBrown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 17. All Documents and ESI relating to and/or identifying the amount of money which You contend is owed to CBF. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control of Brown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. Page 7 of 8 18. All Documents and ESI referred to or relied upon in support of Your responses to CBF's First Set of Interrogatories. RESPONSE: None. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by e-mail to Jocelyne A. Macelloni, Esquire, attorney for Plaintiff, at: Uocelyne.macelloni@uulaw.net) on this 16 day of November, 2016. ANASTASIA LAW, P.L. /s/ Undine C. George Undine C. George, Esquire FL Bar No. 16872 Pamela M. M. Holcombe, Esq. Florida Bar No. 135010 th 107 A 11 Street St. Augustine, FL 32080 Tel: (904) 236-6243 undine@anastasialaw.net service@anastasialaw.net Attorneys for Defendant Page 8 of 8 Filing# 48981468 E-Filed 11/16/2016 03:30:06 PM COMMERCIAL BUSINESS IN THE CIRCUIT COURT OF THE FINANCE CORP. DBA NINTH JUDICIAL CIRCUIT, IN COMMERCIAL BUSINESS AND FOR ORANGE COUNTY, FINANCE, a Florida Corporation, FLORIDA Plaintiff, CASE NO.: 2016-CA-004103-0 vs. ATLANTIC CONTROLS CORPORATION a Florida Corporation; ANTHONY W. BROWN, Individually, jointly, and severally; ALLEN ELECTRIC SUPPLY CO., a Michigan Corporation; and RICHARDS. GALL, an Individual. Defendants. - - - - - - - - - - - - - -I DEFENDANT ATLANTIC CONTROLS CORP.'S RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT Pursuant to Rule 1.350, Florida Rule of Civil Procedure, Defendant, ANTHONY W. BROWN, by and through its undersigned counsel gives notice of responding to Plaintiff, COMMERCIAL BUSINESS FINANCE CORP'S, First Request for Production of Documents. RESPONSES TO PLAINTIFF'S FIRST REQUEST TO PRODUCE Without waiving all previously stated objections, Defendants object to each request to the extent that it seeks disclosure of documents which are protected by attorney-client privilege, work product doctrine, or other privilege or to the extent such documents contain trade secret or other confidential and/or proprietary information and responds further as follows, reserving the right to supplement these responses as discovery continues: Page 1 of 7 1. All Documents and ESI relating to Your relationship to Atlantic, including without limitation, organizational charts, articles of incorporation, shareholder agreements, operating agreements, bylaws, promissory notes and contracts. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 2. All Documents and ESI between and among You, on the one hand, and Allen Electric on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 3. All Documents and ESI between and among You, on the one hand, and Gall on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive Page 2 of 7 documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will he permitted at a time and location mutually agreeable to counsel. 4. All Documents and ESI between and among You, on the one hand, and CBF on the other hand, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts). RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are relevant to the scope of the pleadings, inspection will he permitted at a time and location mutually agreeable to counsel. 5. All Documents and ESI between and among You and any Person, including without limitation, emails, correspondence, text messages, contracts, agreements, promissory notes, demands, notices, memoranda, and notes (including any amendments and drafts), relating to: a. CBF; b. The Factoring Agreement; c. The Credit Agreement; d. The Note: e. Modification of Credit Agreement and Promissory Note; f. Allen Electric; and/or g. Wrongful Redirection of Payment Letter. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Notwithstanding this objection, to the extent responsive documents exist in the custody and control of the Defendants and such documents are Page 3 of 7 relevant to the scope of the pleadings, inspection will be permitted at a time and location mutually agreeable to counsel. 6. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and Atlantic, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 6 through 9 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 7. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and Allen Electric, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. RESPONSE: This request is vague, overly broad, and includes documents wlticlt are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 6 through 9 cumulatively are a/is/ting expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 8. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and Gall, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, A TM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. Page 4 of 7 REPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 6 through 9 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 9. All Documents and ESI relating to and/or reflecting any transfers of value (i.e. money, goods or property) between or among You and CBF, including without limitation, notes, correspondence, invoices, ledgers, receipts, checks (front and back), cancelled checks, bank statements, ATM receipts, withdrawal receipts, transfer confirmations, wire confirmations, wire receipts, drafts, contracts, memoranda, and/or QuickBooks records. RESPONSE: This request is vague, overly broad, and includes documents which are neither relevant nor material to the issues in the case, nor likely to lead to the discovery of admissible evidence. Further, Plaintiff's Production Requests 6 through 9 cumulatively are a fishing expedition that basically request the Atlantic Defendants to open the company's books which contain confidential and proprietary information. 10. All Documents and ESI that support the allegations made by You in Your First Affirmative Defense that: "Defendants are entitled to a set-off for all monies paid to Plaintiff pursuant to the subject contractual arrangement," including without limitation, all documents evidencing such payments. RESPONSE: Will be produced to the extent such documents exist and are in the custody and control ofBrown and Atlantic and inspection will be permitted at a time and location mutually agreeable to counsel. 11. All Documents and ESI that support the allegations made by You in Your First Affirmative Defense that: "Upon information and belief, Plaintiff has charged and/or collected payments from Defendants and/or Defendants' customers for attorney fees, legal fees, costs, assessments, advances, late fees, and other char