Preview
Filing # 43374017 E-Filed 06/29/2016 01:19:56 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NUMBER: 50-2016-CA-004381
TAYMI MARRERO,
and JOHN LISMAN,
Plaintiffs,
v.
JAMES LA SPINA, individually, and
STRATEGIC TURBINE INVENTORY
GROUP LLC,
Defendants.
/
PLAINTIFFS’ MOTION TO COMPEL DEFENDANTS’ RESPONSES TO PLAINTIFFS’
FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION
Plaintiffs, pursuant to Florida Rule of Civil Procedure 1.380, move the Court to compel
Defendants to respond to Plaintiffs’ First Set of Interrogatories to Defendants and Plaintiffs’
First Request for Production to Defendants, and state:
1. On April 21, 2016, Plaintiffs served Defendants with their First Set of
iiierrogaiories Gia tie First Request jor Production of Docimenis (couectively, tie
“Requests”). [A copy of the Interrogatories and Requests are attached as Exhibits A and B.]
2. Florida Rules of Civil Procedure 1.340(a) and 1.350(b) required Defendant to
respond to the Requests within forty-five (45) days — i.e., on or before June 5, 2016.
3. Defendants failed to respond to the Requests, or move for an extension from the
Court, by June 5, 2016, or any time thereafter.
4. On June 9, 2016, the undersigned attempted to resolve this issue amicably by
conferring with Defendants’ comnsel about the status of Defendants’ resnonses to the Reauests
conterring with Detendants’ counsel about the status of Defendants’ responses to the Requests.
FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/29/2016 01:19:56 PMLikewise, on June 20 and 23, the undersigned contacted Defendants’ counsel about the responses
to the Requests in an attempt to avoid seeking relief from the Court.
5. Nonetheless, Defendants continue to refuse to respond to the Requests or request
an extension from the Court.
6. If documents are not properly produced or requests are not properly responded to,
a court shall enter an order compelling such discovery. Fla. R. Civ. P. 1.380(a)(2); Allendorfer v.
Wood, 449 So. 2d 1312, 1313 (Fla. 5th DCA 1984).
7. Due to Defendants’ failure to respond or formally request an extension,
Defendants should be compelled to produce all documents responsive to the First Request for
Production of Documents and answer the First Set of Interrogatories without objection. See,
e.g., Vargas v. Chandler-Novick, 2015 Fla. Cir. LEXIS 9978, *1 (Fla. 15th Cir. Ct. May 8, 2015)
(“All objections other than privilege are hereby deemed waived for failure to file a timely
response or seek an extension.”).
8. Pursuant to Administrative Order No. 3.202-9/08, “when a motion to compel
discovery alleges a complete failure to respond or object to discovery, and that there has been no
request for extension, an ex parte order may be entered by the court requiring compitance with
the original discovery demand within 10 days of the signing of the order.”
WHEREFORE, Plaintiffs respectfully request this Court enter an order:
(a) Requiring Defendants to produce all responsive documents to the First
Request for Production of Documents, without objection, within ten (10)
days;
(b) Requiring Defendants to fully answer the First Set of Interrogatories,
writhant ahiantinn urithin tan (10) dave: and
WiulOUL OLJECUOM, Wit Weil (LUy Gayo, atk(c) Granting such further relief as is just and proper.
CERTIFICATE OF GOOD FAITH CONFERENCE
In compliance with Rule 1.380(d) Fla. R. Civ. P., the undersigned conferred with counsel
for Defendant, Grant D. Petersen, on June 9, 2016, June 20, 2016, and June 23, 2016, in a good
faith effort to resolve the issues raised in this Motion to Compel and obtain the sought after
responses to the Request for Production and First Set of Interrogatories without the necessity of
Court intervention. Unfortunately, the parties have been unable to reach a resolution.
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that on June 29, 2016, I electronically filed the foregoing with the
Clerk of the Courts by using the Florida Courts eFiling Portal and sent electronic mail to: Grant
D. Petersen, Esq. (grant.petersen@ogletreedeakins.com).
Dated: June 29, 2016 MORGAN & MORGAN, P.A.
Business Trial Group
s/Evan H. Frederick
Evan i. Frederick
Florida Bar No. 064819
James E. Fakhoury
Florida Bar No. 0118644
515 N. Flagler Dr., Suite 2125
‘West Palm Beach, Florida 33401
Telephone: (561) 227-5858
2 (ELAN AAT COED
aT 1G: (OL) 221-2007
EFrederick@forthepeople.com
JFakhoury@forthepeople.comEXHIBIT AFiling # 40468957 E-Filed 04/19/2016 05:00:41 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NUMBER:
TAYMI MARRERO
and JOHN LISMAN,
Plaintiffs,
Vv.
JAMES LA SPINA, individually, and
STRATEGIC TURBINE INVENTORY
GROUP LLC,
Defendants.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANTS
Plaintiffs, pursuant to Florida Rule of Civil Procedure 1.350, propound the following
Request for Production of Documents (“Requests”) to Defendants, Strategic Turbine Inventory
Group LLC and JAMES LA SPINA (“Defendants”, and request that Defendants identify,
produce, and permit inspection and copying of the documenis and things requesied within forty-
five (45) days from the date of service of this Request.
SCOPE
This request for production is intended to cover all documents within the possession,
custody, or control of Defendants and their agents, servants, employees, accountants, attorneys,
or any other persons subject to its actual or constructive custody or control, wherever located.
DEFINITIONS & INSTRUCTIONS
1 Tha tarm “Marrarn” rofare ta Diaintiff Tauri Marrarn including har acante
2 ane tinh avaairero Teaers WO quai, 2ayol awalrcro, miiuGing wer agen,employees, all other persons acting or purporting to act on her behalf, experts, persons consulted
concerning any factual matter or matters of opinion relating to any of the facts or issues involved
in this action, and unless privileged, the party’s attorneys.
2. The term “Lisman” refers to Plaintiff, John Lisman, including his agents,
employees, all other persons acting or purporting to act on his behalf, experts, persons consulted
concerning any factual matter or matters of opinion relating to any of the facts or issues involved
in this action, and unless privileged, the party’s attorneys.
3. The term “Plaintiffs” refers collectively to Plaintiffs Marrero and Lisman as
defined herein.
4. The term “STiG” refers to Defendant, Strategic Turbine Inventry Group LLC, and
its predecessors, successors, and subsidiaries, including present and former officers, directors,
agents, or employees; all other persons acting or purporting to act on its behalf; experts; persons
consulted concerning any factual matter or matters of opinion relating to any of the facts or
issues involved in this action; and unless privileged, the party’s attorneys.
5. The term “La Spina” refers to Defendant, James La Spina, including his agents,
empioyees, ail other persons acting or purporting to act on his behalf, experis, persons consulted
concerning any factual matter or matters of opinion relating to any of the facts or issues involved
in this action, and unless privileged, the party’s attorneys.
6. The term “Defendants” refers collectively to Defendants STiG and La Spina as
defined herein.
7. The term “Joint Venture” refers to the joint venture agreement Plaintiffs and
Defendants entered into on or about September 2014 between Plaintiffs and La Spina to co-
frund an indnetrial aarndarivativa turhina narte calac and diotrihntinn hucinace named CTIA ac
LOUNG Gn MGUSiia: GrOGCIiVauve LUTON pales saivS GG GISUIOULOU UUsliveS HaneG O11G, a5alleged in paragraphs 16 and 18 of the Complaint filed in this case.
8. The terms “document” or “documents” mean the original and all drafts or copies
thereof which are different in any way from the original (whether by interlineation, receipts
stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed
materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded
material, correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of
meetings, conferences, telephone or other communications, pamphlets, books, notes, reports,
studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams,
estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph
records, video tapes, data compilations from which information can be obtained or can be
translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or
outputs, and other computer-readable records or programs, all electronically stored or created
data, whether written, typed, printed, punched, filmed, marked in any way, data or information
stored in any form readable or accessible by computer including, but not limited to, magnetic
tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes,
memory and magnetic tapes of any kind backup copies and “deieted” flies on any computer
storage device or media, including the printed output of any such electronic
data/communications, processing equipment or magnetically stored information, computer
memory, optical media, magneto media, and other physical media on which notations or making
of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary
materials which are different in any way from the executed or final documents shall be
considered to be additional documents as the terms as used herein.
oO Tha tarm “nammuninatinn(eY? chall maan avarty mannar ar maane of dicelacura
a ane Winn COMMnUCauOM{S; Sula Gican CVery mame: Or means G1 Giscidsure,transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or
face-to-face, or by telephone mail, e-mail, computer disk, telecopy or facsimile, personal
delivery, documents, or otherwise.
10. The term “person” means any natural person, any business entity (whether a
corporation, partnership, or other business association), any government or political subdivision
thereof, or governmental body, commission board, agency, bureau, or department.
11. The terms “reflecting” or “relating” or any variant thereof means constitutes,
embodies, comprises, reflects, discusses, identified, states, comments on, responds to, describes,
analyzes, contains information concerning, or is any way related, connected, associated, or
pertinent to the stated subject matter.
12. The terms “and” and “or” shall be construed both conjunctively and disjunctively
so as to make each request inclusive rather than exclusive. The singular form of any word
includes the plural and vice versa; and the masculine includes the feminine and vice versa.
13. The term “including” means including without limitation.
14. | The term “agent” shall mean any agent, employee, officer, director, attorney,
independent contractor, or any other person acting at the direction of or on behaif of another.
15. THIS DOCUMENT REQUEST ENCOMPASSES ALL COMPUTER
RECORDS OR FILES ON ANY COMPUTES, EQUIPMENT, MACHINERY, OR FILES IN
YOUR ACTUAL OR CONSTRUCTIVE POSSESSION, CUSTODY, CARE, OR CONTROL
(COLLECTIVELY “ELECTRONICALLY STORED INFORMATION” OR “ESI”.
ACCORDINGLY, EVEN IF A PARTICULAR DOCUMENTS WAS DELETED, PURGED,
OR ARCHIVED, THIS DOCUMENT REQUEST REQUIRES A DILIGENT SEARCH OF
ANV ANT ALT COMDIITER RECORNS HARD NRIVES NICKS NICKETTES ELODDVY
AW AW A CU UL ADUURDD, Ay Dry, vind, Dion, PuaDISKS, OR OTHER STORAGE MEDIUM ON WHICH ANY DOCUMENT OR ANY
INFORMATION REQUESTED HEREIN MIGHT RESIDE OR BE FOUND SPECIFICALLY
INCLUDING ALL BACKUP FILES OR ANY DRIVE CONTAINING ANY BACKUP OR
COPY OF ANY DOCUMENTS REQUESTED HEREIN.
16. The form of production of any ESI shall be in its native file format with metadata
intact or in an equally useable format. If you intend to produce any ESI in a format other with
metadata intact, please contact counsel for Plaintiff prior to production of the ESI to discuss an
acceptable format for production.
17. To the extent that you consider any of the following request objectionable,
respond to so much of each, and each part thereof, which is not objectionable in your view, and
separately state that part of each which is objectionable and the ground for each objection.
18. If any document is withheld under a claim of privilege or other protection, so as to
aid the Court and the parties hereto to determine the validity of the claim of privilege or other
protection, please provide the following information with respect to any such document:
(i) The name and job title of the person(s) who prepared the document, who signed it, and
over whose name it was sent or issued;
(ii) The name and job title of any person(s) to whom the document was directed;
(iii) The nature and substance of the document with sufficient particularity to enable the
Court and the parties hereto to identify the document;
(iv) The date of the document;
(v) The identity of the person(s) having custody or control over the document and each
copy thereof;
(xri\ Tha titla nf tha danumant
(Wily ane due Or ule Gocuniene,(vii) The number of pages;
(viii) The basis on which any privilege or other protection is claimed; and
(ix) Whether any non-privileged or non-protected matter is included in the document.
16. Consistent with Florida Rule of Civil Procedure 1.350(b), please produce
documents in a manner that will facilitate their identification with the particular Request to
which they are responsive. If any document is responsive to more than one Request, please so
indicate to the extent it is reasonably practicable to do.
17. Unless otherwise specified herein, the relevant time period for the creation and/or
transmission of any Documents is January 1, 2012 through the present.
DOCUMENT REQUESTS
1. All contracts and agreements between STiG and Marrero.
2. All contracts and agreements between La Spina and Marrero.
3. All contracts and agreements between La Spina and Lisman.
4. All contracts and agreements between STiG and Lisman.
5. All documents and communications exchanged between any of the Defendants
and any of the Piaintifts related to either STiG or the Joint Veniure.
6. All documents and communications related to the Joint Venture.
7. All documents and communications related to Marrero’s ownership interest in
STIG.
8. All documents and communications related to Lisman’s ownership interest in
STIG.
9. All internal documents and communications between Defendants and/or between
STI. anante and amalavaas including Dhilin Ta Gnina raflacting ar ralating ta Marrarn
DalS 5 GZems ana Cmproyees, mnCiuGing a uuip wa Spina, reuccung OF teaung w awaarrero,10. All internal documents and communications between Defendants and/or between
STiG’s agents and employees, including Philip La Spina, reflecting or relating to Lisman.
lL. All internal documents and communications between Defendants and/or between
STiG’s agents and employees, including Philip La Spina, reflecting or relating to the Joint
Venture or Plaintiffs’ claim to ownership of STiG.
12. All of La Spina’s communications reflecting or relating to Marrero.
13. All of La Spina’s communications reflecting or relating to Lisman.
14. All documents and communications reflecting or relating to payments from STiG
to Marrero, including, but not limited to: payroll reports, payroll records, payroll ledgers, and
general ledgers.
15. All documents and communications reflecting or relating to payments from STiG
to Lisman, including, but not limited to: payroll reports, payroll records, payroll ledgers, and
general ledgers.
16. All documents and communications reflecting or relating to Defendants’
termination of the Joint Venture, including but not limited to communications internally between
S71G’s agenis and employees.
17. All documents and communications reflecting or relating to Marrero’s
termination from STiG.
18. All documents and communications reflecting or relating to Lisman’s termination
from STiG.
19. All documents reflecting STiG’s ownership structure, investors, profit-sharing
agreements, or profit-distribution agreements.
on All danumante and aammuninations that chaur CTIO ravanna fram calac in 1A
Aue Au GOCURICHS 4G COnMMmUnICaUGns ulat SHOW S110 5 Te Venue ion Sats in 2uas,2015 and 2016. Please separate responsive documents based on the year that they relate to.
21. All documents and communications that show STiG’s profit from sales in 2014,
2015 and 2016. Please separate responsive documents based on the year that they relate to.
22. All invoices showing STiG’s sales from September 2014 to the present.
23. All QuickBooks (or other accounting software) reports showing STiG’s sales and
expenses from September 2014 to the present.
24. All monthly bank account statements for accounts maintained by STiG showing
STiG’s income and/or profit from sales since September 2014.
25. — All general ledgers, balance sheets, profit and loss statements, and cash flow
statements, whether in hard copy or electronic form, for STiG since September 2014.
26. All tax returns filed by STiG with any federal, state, or local government
authority, including but not limited to, quarterly and year-end tax returns, and Form K-1s issued.
27. All STiG employee handbook, guides, policies, procedures, business plans, and
quality plans.
28. All minutes of STiG meetings where Marrero, Lisman, or the Joint Venture was
discussed.
29. All STiG marketing materials, information materials, or similar documents
created between September 2014 and December 2015.
30. All documents and communications reflecting or relating to Marrero’s job
performance at STiG, including, but not limited to: correspondence, agreements, employment
files, duties, position, evaluations, awards, promotions, compensation history, and reviews.
31. All documents and communications reflecting or relating to Lisman’s job
narfarmanne at OTIG including hut nat limited ta: earracnandancea aaraamante amalaumant
poronmance at SiiG, MGuGINg, Cul HOt umneG wl Coresponaenee, agrecnicims, Ciipdynienefiles, duties, position, evaluations, awards, promotions, compensation history, and reviews.
32. All communications and documents, including those exchanged internally
between Defendants and/or between STiG’s agents and employees, reflecting or relating to the
possibility of Plaintiffs asserting any legal claims as a result of Defendants failing to give
Plaintiffs ownership of, and profits from, STiG.
33. The entire employment, recruiting, personnel, and/or compliance files of Marrero,
including but not limited to applications for employment, employment agreements, employment
contracts, background checks, questionnaires, outside business connections disclosures,
congratulation letters, reprimands, awards, payout schedules, and any and all documents relating
to discussions concerning his employment, continued employment, or termination of
employment with STiG.
34. The entire employment, recruiting, personnel, and/or compliance files of Lisman,
including but not limited to applications for employment, employment agreements, employment
contracts, background checks, questionnaires, outside business connections disclosures,
congratulation letters, reprimands, awards, payout schedules, and any and all documents relating
to discussions concerning his employment, continued employment, or termination of
employment with STiG.
35. All agreements between Mitchell Klein and STiG.
36. All agreements between Mitchell Klein and La Spina related to STiG.
37. All documents and communications reflecting or relating to payments from STiG
to Mitchell Klein.
38. All documents and communications reflecting or relating to payments from La
Qnina ta Mitehall Zlain ralated ta OTH
ping (6 wai uci Pea Ww 1G,39. All agreements between Howard Dresner and STiG.
40. All agreements between Howard Dresner and La Spina related to STiG.
41. — All documents and communications reflecting or relating to payments from STiG
to Howard Dresner.
42. All documents and communications reflecting or relating to payments from La
Spina to Howard Dresner related to STiG.
43. All documents or communications reflecting or relating to the allegations in the
Complaint that are not responsive to the requests above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 19th day of April, 2016, I electronically filed the
foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal, and I furnished
a copy of the foregoing to be served via private process serve along with the Summons and
Complaint upon Defendants, James La Spina and Strategic Turbine Inventory Group, LLC, c/o
James La Spina, Registered Agent, at 39 Golfview Drive, Tequesta, FL 33469.
MORGAN & MORGAN, P.A.
Business Trial Group
s/Evan H. Frederick
Evan H. Frederick
Florida Bar No. 064819
James E. Fakhoury
Florida Bar No. 0118644
1641 Worthington Rd., Suite 100
Wroet Nat. Naw Ota. 29 4N0
WSL Palin beach, riorida J94uy
Telephone: (561) 227-5858
Facsimile: (561) 227-5859
EFrederick@forthepeople.com
JFakhoury@forthepeople.com
10EXHIBIT BFiling # 40468957 E-Filed 04/19/2016 05:00:41 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NUMBER:
TAYMI MARRERO
and JOHN LISMAN,
Plaintiffs,
Vv.
JAMES LA SPINA, individually, and
STRATEGIC TURBINE INVENTORY
GROUP LLC,
Defendants.
/
PLAINTIFFS’ NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES
Plaintiffs hereby file its Notice of Service of First Set of Interrogatories on Defendants, to
be answered, under oath and in writing, within forty-five (45) days from the date of service of
these interrogatories.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 19th day of April, 2016, I electronically filed the
foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal, and I furnished
a copy of the foregoing to be served via private process serve along with the Summons and
Complaint upon Defendants, James La Spina and Strategic Turbine Inventory Group, LLC, c/o
James La Spina, Registered Agent, at 39 Golfview Drive, Tequesta, FL 33469.
MORGAN & MORGAN, P.A.
Business Trial Group
s/Evan H. Frederick
Evan H. Frederick
Florida Bar No. 064819
James E. Fakhoury
Florida Bar No. 0118644
1641 Worthington Rd., Suite 100
West Palm Beach, Florida 33409
Telephone: (561) 227-5858
Facsimile: (561) 227-5859
EFrederick@forthepeople.com
JFakhoury@forthepeople.comIN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NUMBER:
TAYMI MARRERO
and JOHN LISMAN,
Plaintiffs,
Vv.
JAMES LA SPINA, individually, and
STRATEGIC TURBINE INVENTORY
GROUP LLC,
Defendants.
/
PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANTS
Plaintiffs, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby request
that Defendants each answer the following interrogatories, under oath and in writing, within
forty-five (45) days from the date of service of these interrogatories.
DEFINITIONS
1. The term “Marrero” refers to Plaintiff, Taymi Marrero, including her agents,
employees, all other persons acting or purporting to act on her behalf, experts, persons consulted
concerning any factual matter or matters of opinion relating to any of the facts or issues involved
in this action, and unless privileged, the party’s attorneys.
2. The term “Lisman” refers to Plaintiff, John Lisman, including his agents,
employees, all other persons acting or purporting to act on his behalf, experts, persons consulted
pancarning ant fantial mattar ar mattare nf anininn ralating ta anw af tha fante nr jconac inualwad
Concerning any raCuids Mauer OF Mauers Or Opinion reaung vw airy G1 ule race OF issues invorveu:in this action, and unless privileged, the party’s attorneys.
3. The term “Plaintiffs” refers collectively to Plaintiffs Marrero and Lisman as
defined herein.
4, The term “STiG” refers to Defendant, Strategic Turbine Inventry Group LLC, and
its predecessors, successors, and subsidiaries, including present and former officers, directors,
agents, or employees; all other persons acting or purporting to act on its behalf; experts; persons
consulted concerning any factual matter or matters of opinion relating to any of the facts or
issues involved in this action; and unless privileged, the party’s attorneys.
5. The term “La Spina” refers to Defendant, James La Spina, including his agents,
employees, all other persons acting or purporting to act on his behalf, experts, persons consulted
concerning any factual matter or matters of opinion relating to any of the facts or issues involved
in this action, and unless privileged, the party’s attorneys.
6. The term “Defendants” refers collectively to Defendants STiG and La Spina as
defined herein.
7. The term “Joint Venture” refers to the joint venture agreement Plaintiffs and
Defendants eniered into on or about September 2014 between Piainiitts and La Spina to co-
found an industrial aeroderivative turbine parts sales and distribution business named STiG, as
alleged in paragraphs 16 and 18 of the Complaint filed in this case.
8. The terms “document” or “documents” mean the original and all drafts or copies
thereof which are different in any way from the original (whether by interlineation, receipts
stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed
materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded
material onrracnandanca talaarame fancimilac talavac amaile mamnranda racnrdo nf
Thatta, COmesponacnce, Witgzramis, iavsiniues, WieAes, Ciniaus, Mmenigranua, TeCOras Ormeetings, conferences, telephone or other communications, pamphlets, books, notes, reports,
studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams,
estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph
records, video tapes, data compilations from which information can be obtained or can be
translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or
outputs, and other computer-readable records or programs, all electronically stored or created
data, whether written, typed, printed, punched, filmed, marked in any way, data or information
stored in any form readable or accessible by computer including, but not limited to, magnetic
tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes,
memory and magnetic tapes of any kind backup copies and “deleted” files on any computer
storage device or media, including the printed output of any such electronic
data/communications, processing equipment or magnetically stored information, computer
memory, optical media, magneto media, and other physical media on which notations or making
of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary
materials which are different in any way from the executed or final documents shall be
considered to be additionai documenis as the terms as used herein.
9. The term “communication(s)” shall mean every manner or means of disclosure,
transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or
face-to-face, or by telephone mail, e-mail, computer disk, telecopy or facsimile, personal
delivery, documents, or otherwise.
10. The term “person” means any natural person, any business entity (whether a
corporation, partnership, or other business association), any government or political subdivision
tharanf nr anvarnmantal handy cammiccinn hnard acanow buvean ar danartmant
uleICOl, OF ZOVermuiciar VOGY, COlmmssIU UUdU, GZuley, Ouleau, Or Geparunedie,ll. The phrase “reflecting or relating to” or any variant thereof means constitutes,
embodies, comprises, reflects, discusses, identified, states, comments on, responds to, describes,
analyzes, contains information concerning, or is any way related, connected, associated, or
pertinent to the stated subject matter.
12. The terms “and” and “or” shall be construed both conjunctively and disjunctively
so as to make each request inclusive rather than exclusive. The singular form of any word
includes the plural and vice versa; and the masculine includes the feminine and vice versa.
13. The term “including” means including without limitation.
14. The term “agent” shall mean any agent, employee, officer, director, attorney,
independent contractor, or any other person acting at the direction of or on behalf of another.
15. The terms “pertain to” or “pertaining to” shall mean relates to, refers to, contains,
concerns, describes, embodies, mentions, constitutes, supports, corroborates, demonstrates,
proves, evidences, shows refutes, disputes, rebuts, controverts, or contradicts.
16. The term “identify,” when used in reference to a document, means and includes
the name and address of the custodian of the document, the location of the document, and a
general description of the document, including (i) the type of document (e.g., letter or
memorandum) and, if electronically stored information, the software application used to create it
(e.g., MS Word or MS Excel Spreadsheet); (2) the general subject matter of the document or
electronically stored information; (3) the date of the document or electronically stored
information; (4) the author of the document or electronically stored information; (5) the
addressee of the document or electronically stored information; and (6) the relationship of the
author and addressee to each other.INSTRUCTIONS
1. In each of your answers to these interrogatories, you are requested to provide not
only such information as is in your possession, but also all information as is reasonably
available, whether or not it is in your possession. In the event you are able to provide only part
of the information called for by any particular interrogatory, provide all of the information you
are able to provide, and state the reason for your inability to provide the remainder.
2. If you object to or otherwise decline to answer any part of an interrogatory, please
provide all information called for in that portion of the interrogatory to which you do not object,
or to which you do not decline to answer. If you object to an interrogatory on the ground that it
is too broad (i.e., that it calls for both information which is relevant to the subject matter of the
action and for information which is not relevant), please provide such information as you
concede to be relevant. If you object to an interrogatory on the ground that it would constitute an
undue burden to provide an answer, please provide such requested information as can be
supplied without undertaking such undue burden. For those portions of any interrogatory to
which you object or otherwise decline to answer, state the reason for such objection or
declination.
3. Unless otherwise specified herein, the scope of these interrogatories is limited to
the period between January 1, 2012 through the date of this request.INTERROGATORIES
1. Please state the name and address of the person answering these interrogatories,
the person’s official position or relationship with the party to whom the interrogatories are
directed, and the name and address of any and all persons who provided information to assist in
the answering of these interrogatories.
Answer:
2. Please provide the name, address, telephone number, place of employment and
job title of any person who has, claims to have or whom Defendants believe may have
knowledge or information pertaining to any fact alleged in the pleadings filed in this action, or
any fact underlying the subject maitier of this action.
Answer:3. Please state the specific nature and substance of the knowledge that Defendants
believe the person(s) identified in the response to interrogatory no. 2 may have.
Answer:
4. Please state each item of damage that Defendants claim, whether as an affirmative
claim or as a setoff, and include in the answer: the count or defense to which the item of damages
relates; the category into which each item of damages falls, i.e. general damages, special or
consequential damages (such as lost profits), interest, and any other relevant categories; the
factual basis for each item of damages; and an explanation of how Defendants computed each
item of damages, including any mathematicai formuia used.
Answer:5. Please identify each document (including electronically stored information)
pertaining to each item of damages stated in the response to interrogatory no. 4 above.
Answer:
6. State all facts upon which you rely for, and/or that support, each affirmative
defense in your Answer.
Answer:
107. Please list all individuals or corporate entities that have an ownership interest in
STIG. For each individual or corporate entity listed, please state the percentage of STIG the
individual or corporate entity owns, the date acquired, and what renumeration, if any, was paid
for the ownership percentage.
Answer:
8. Please list all individuals or corporate entities that have entered into a contract or
agreement, or are otherwise entitled, to receive a distribution from the profits of STIG. For each
individual or corporate entity listed, please state:
a) the date of their contract(s) or agreement(s) to receive a distribution from
the profits of STIG;
b) the percentage of the profits of STIG that the individual or corporate entity
tecetves or has received;
c) the dates and amounts of all payments of STIG profits received.
Answer:
119. Please list the monthly, quarterly, and annual gross and net profits of STIG from
January 1, 2014 until the present.
Answer:
10. Identify each category of documents used to formulate the answers to
Interrogatories 7-9 above with sufficient specificity to allow you to produce such documents in
response to Plaintiffs’ First Request for Production.
Answer:
12VERIFICATION OF ANSWERS TO INTERROGATORIES
STRATEGIC TURBINE INVENTORY
GROUP LLC
By:
Print Name:
As Its:
STATE OF )
) ss.
COUNTY OF
BEFORE ME, the undersigned authority, on , 2016, personally
appeared who being first duly sworn, deposes and says that the answers
to the foregoing First Set of Interrogatories are true and correct, and he/she subscribed his/her
name thereto in certification thereof.
___ Personally known by me; or
___ Produced identification
Identification produced
Notary Signature
Notary Name Printed
NOTARY PUBLIC
Commission Expires
13VERIFICATION OF ANSWERS TO INTERROGATORIES
JAMES LA SPINA
STATE OF )
) ss.
COUNTY OF )
BEFORE ME, the undersigned authority, on , 2016, personally
appeared who being first duly sworn, deposes and says that the answers
to the foregoing First Set of Interrogatories are true and correct, and he/she subscribed his/her
name thereto in certification thereof.
____ Personally known by me; or
___ Produced identification
Identification produced
Notary Signature
Notary Name Prinied
NOTARY PUBLIC
Commission Expires
14
Preview
Filing # 43374017 E-Filed 06/29/2016 01:19:56 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NUMBER: 50-2016-CA-004381 TAYMI MARRERO, and JOHN LISMAN, Plaintiffs, v. JAMES LA SPINA, individually, and STRATEGIC TURBINE INVENTORY GROUP LLC, Defendants. / PLAINTIFFS’ MOTION TO COMPEL DEFENDANTS’ RESPONSES TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION Plaintiffs, pursuant to Florida Rule of Civil Procedure 1.380, move the Court to compel Defendants to respond to Plaintiffs’ First Set of Interrogatories to Defendants and Plaintiffs’ First Request for Production to Defendants, and state: 1. On April 21, 2016, Plaintiffs served Defendants with their First Set of iiierrogaiories Gia tie First Request jor Production of Docimenis (couectively, tie “Requests”). [A copy of the Interrogatories and Requests are attached as Exhibits A and B.] 2. Florida Rules of Civil Procedure 1.340(a) and 1.350(b) required Defendant to respond to the Requests within forty-five (45) days — i.e., on or before June 5, 2016. 3. Defendants failed to respond to the Requests, or move for an extension from the Court, by June 5, 2016, or any time thereafter. 4. On June 9, 2016, the undersigned attempted to resolve this issue amicably by conferring with Defendants’ comnsel about the status of Defendants’ resnonses to the Reauests conterring with Detendants’ counsel about the status of Defendants’ responses to the Requests. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 06/29/2016 01:19:56 PMLikewise, on June 20 and 23, the undersigned contacted Defendants’ counsel about the responses to the Requests in an attempt to avoid seeking relief from the Court. 5. Nonetheless, Defendants continue to refuse to respond to the Requests or request an extension from the Court. 6. If documents are not properly produced or requests are not properly responded to, a court shall enter an order compelling such discovery. Fla. R. Civ. P. 1.380(a)(2); Allendorfer v. Wood, 449 So. 2d 1312, 1313 (Fla. 5th DCA 1984). 7. Due to Defendants’ failure to respond or formally request an extension, Defendants should be compelled to produce all documents responsive to the First Request for Production of Documents and answer the First Set of Interrogatories without objection. See, e.g., Vargas v. Chandler-Novick, 2015 Fla. Cir. LEXIS 9978, *1 (Fla. 15th Cir. Ct. May 8, 2015) (“All objections other than privilege are hereby deemed waived for failure to file a timely response or seek an extension.”). 8. Pursuant to Administrative Order No. 3.202-9/08, “when a motion to compel discovery alleges a complete failure to respond or object to discovery, and that there has been no request for extension, an ex parte order may be entered by the court requiring compitance with the original discovery demand within 10 days of the signing of the order.” WHEREFORE, Plaintiffs respectfully request this Court enter an order: (a) Requiring Defendants to produce all responsive documents to the First Request for Production of Documents, without objection, within ten (10) days; (b) Requiring Defendants to fully answer the First Set of Interrogatories, writhant ahiantinn urithin tan (10) dave: and WiulOUL OLJECUOM, Wit Weil (LUy Gayo, atk(c) Granting such further relief as is just and proper. CERTIFICATE OF GOOD FAITH CONFERENCE In compliance with Rule 1.380(d) Fla. R. Civ. P., the undersigned conferred with counsel for Defendant, Grant D. Petersen, on June 9, 2016, June 20, 2016, and June 23, 2016, in a good faith effort to resolve the issues raised in this Motion to Compel and obtain the sought after responses to the Request for Production and First Set of Interrogatories without the necessity of Court intervention. Unfortunately, the parties have been unable to reach a resolution. CERTIFICATE OF SERVICE J HEREBY CERTIFY that on June 29, 2016, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal and sent electronic mail to: Grant D. Petersen, Esq. (grant.petersen@ogletreedeakins.com). Dated: June 29, 2016 MORGAN & MORGAN, P.A. Business Trial Group s/Evan H. Frederick Evan i. Frederick Florida Bar No. 064819 James E. Fakhoury Florida Bar No. 0118644 515 N. Flagler Dr., Suite 2125 ‘West Palm Beach, Florida 33401 Telephone: (561) 227-5858 2 (ELAN AAT COED aT 1G: (OL) 221-2007 EFrederick@forthepeople.com JFakhoury@forthepeople.comEXHIBIT AFiling # 40468957 E-Filed 04/19/2016 05:00:41 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NUMBER: TAYMI MARRERO and JOHN LISMAN, Plaintiffs, Vv. JAMES LA SPINA, individually, and STRATEGIC TURBINE INVENTORY GROUP LLC, Defendants. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANTS Plaintiffs, pursuant to Florida Rule of Civil Procedure 1.350, propound the following Request for Production of Documents (“Requests”) to Defendants, Strategic Turbine Inventory Group LLC and JAMES LA SPINA (“Defendants”, and request that Defendants identify, produce, and permit inspection and copying of the documenis and things requesied within forty- five (45) days from the date of service of this Request. SCOPE This request for production is intended to cover all documents within the possession, custody, or control of Defendants and their agents, servants, employees, accountants, attorneys, or any other persons subject to its actual or constructive custody or control, wherever located. DEFINITIONS & INSTRUCTIONS 1 Tha tarm “Marrarn” rofare ta Diaintiff Tauri Marrarn including har acante 2 ane tinh avaairero Teaers WO quai, 2ayol awalrcro, miiuGing wer agen,employees, all other persons acting or purporting to act on her behalf, experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attorneys. 2. The term “Lisman” refers to Plaintiff, John Lisman, including his agents, employees, all other persons acting or purporting to act on his behalf, experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attorneys. 3. The term “Plaintiffs” refers collectively to Plaintiffs Marrero and Lisman as defined herein. 4. The term “STiG” refers to Defendant, Strategic Turbine Inventry Group LLC, and its predecessors, successors, and subsidiaries, including present and former officers, directors, agents, or employees; all other persons acting or purporting to act on its behalf; experts; persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action; and unless privileged, the party’s attorneys. 5. The term “La Spina” refers to Defendant, James La Spina, including his agents, empioyees, ail other persons acting or purporting to act on his behalf, experis, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attorneys. 6. The term “Defendants” refers collectively to Defendants STiG and La Spina as defined herein. 7. The term “Joint Venture” refers to the joint venture agreement Plaintiffs and Defendants entered into on or about September 2014 between Plaintiffs and La Spina to co- frund an indnetrial aarndarivativa turhina narte calac and diotrihntinn hucinace named CTIA ac LOUNG Gn MGUSiia: GrOGCIiVauve LUTON pales saivS GG GISUIOULOU UUsliveS HaneG O11G, a5alleged in paragraphs 16 and 18 of the Complaint filed in this case. 8. The terms “document” or “documents” mean the original and all drafts or copies thereof which are different in any way from the original (whether by interlineation, receipts stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material, correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other computer-readable records or programs, all electronically stored or created data, whether written, typed, printed, punched, filmed, marked in any way, data or information stored in any form readable or accessible by computer including, but not limited to, magnetic tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of any kind backup copies and “deieted” flies on any computer storage device or media, including the printed output of any such electronic data/communications, processing equipment or magnetically stored information, computer memory, optical media, magneto media, and other physical media on which notations or making of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary materials which are different in any way from the executed or final documents shall be considered to be additional documents as the terms as used herein. oO Tha tarm “nammuninatinn(eY? chall maan avarty mannar ar maane of dicelacura a ane Winn COMMnUCauOM{S; Sula Gican CVery mame: Or means G1 Giscidsure,transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face, or by telephone mail, e-mail, computer disk, telecopy or facsimile, personal delivery, documents, or otherwise. 10. The term “person” means any natural person, any business entity (whether a corporation, partnership, or other business association), any government or political subdivision thereof, or governmental body, commission board, agency, bureau, or department. 11. The terms “reflecting” or “relating” or any variant thereof means constitutes, embodies, comprises, reflects, discusses, identified, states, comments on, responds to, describes, analyzes, contains information concerning, or is any way related, connected, associated, or pertinent to the stated subject matter. 12. The terms “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes the plural and vice versa; and the masculine includes the feminine and vice versa. 13. The term “including” means including without limitation. 14. | The term “agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of or on behaif of another. 15. THIS DOCUMENT REQUEST ENCOMPASSES ALL COMPUTER RECORDS OR FILES ON ANY COMPUTES, EQUIPMENT, MACHINERY, OR FILES IN YOUR ACTUAL OR CONSTRUCTIVE POSSESSION, CUSTODY, CARE, OR CONTROL (COLLECTIVELY “ELECTRONICALLY STORED INFORMATION” OR “ESI”. ACCORDINGLY, EVEN IF A PARTICULAR DOCUMENTS WAS DELETED, PURGED, OR ARCHIVED, THIS DOCUMENT REQUEST REQUIRES A DILIGENT SEARCH OF ANV ANT ALT COMDIITER RECORNS HARD NRIVES NICKS NICKETTES ELODDVY AW AW A CU UL ADUURDD, Ay Dry, vind, Dion, PuaDISKS, OR OTHER STORAGE MEDIUM ON WHICH ANY DOCUMENT OR ANY INFORMATION REQUESTED HEREIN MIGHT RESIDE OR BE FOUND SPECIFICALLY INCLUDING ALL BACKUP FILES OR ANY DRIVE CONTAINING ANY BACKUP OR COPY OF ANY DOCUMENTS REQUESTED HEREIN. 16. The form of production of any ESI shall be in its native file format with metadata intact or in an equally useable format. If you intend to produce any ESI in a format other with metadata intact, please contact counsel for Plaintiff prior to production of the ESI to discuss an acceptable format for production. 17. To the extent that you consider any of the following request objectionable, respond to so much of each, and each part thereof, which is not objectionable in your view, and separately state that part of each which is objectionable and the ground for each objection. 18. If any document is withheld under a claim of privilege or other protection, so as to aid the Court and the parties hereto to determine the validity of the claim of privilege or other protection, please provide the following information with respect to any such document: (i) The name and job title of the person(s) who prepared the document, who signed it, and over whose name it was sent or issued; (ii) The name and job title of any person(s) to whom the document was directed; (iii) The nature and substance of the document with sufficient particularity to enable the Court and the parties hereto to identify the document; (iv) The date of the document; (v) The identity of the person(s) having custody or control over the document and each copy thereof; (xri\ Tha titla nf tha danumant (Wily ane due Or ule Gocuniene,(vii) The number of pages; (viii) The basis on which any privilege or other protection is claimed; and (ix) Whether any non-privileged or non-protected matter is included in the document. 16. Consistent with Florida Rule of Civil Procedure 1.350(b), please produce documents in a manner that will facilitate their identification with the particular Request to which they are responsive. If any document is responsive to more than one Request, please so indicate to the extent it is reasonably practicable to do. 17. Unless otherwise specified herein, the relevant time period for the creation and/or transmission of any Documents is January 1, 2012 through the present. DOCUMENT REQUESTS 1. All contracts and agreements between STiG and Marrero. 2. All contracts and agreements between La Spina and Marrero. 3. All contracts and agreements between La Spina and Lisman. 4. All contracts and agreements between STiG and Lisman. 5. All documents and communications exchanged between any of the Defendants and any of the Piaintifts related to either STiG or the Joint Veniure. 6. All documents and communications related to the Joint Venture. 7. All documents and communications related to Marrero’s ownership interest in STIG. 8. All documents and communications related to Lisman’s ownership interest in STIG. 9. All internal documents and communications between Defendants and/or between STI. anante and amalavaas including Dhilin Ta Gnina raflacting ar ralating ta Marrarn DalS 5 GZems ana Cmproyees, mnCiuGing a uuip wa Spina, reuccung OF teaung w awaarrero,10. All internal documents and communications between Defendants and/or between STiG’s agents and employees, including Philip La Spina, reflecting or relating to Lisman. lL. All internal documents and communications between Defendants and/or between STiG’s agents and employees, including Philip La Spina, reflecting or relating to the Joint Venture or Plaintiffs’ claim to ownership of STiG. 12. All of La Spina’s communications reflecting or relating to Marrero. 13. All of La Spina’s communications reflecting or relating to Lisman. 14. All documents and communications reflecting or relating to payments from STiG to Marrero, including, but not limited to: payroll reports, payroll records, payroll ledgers, and general ledgers. 15. All documents and communications reflecting or relating to payments from STiG to Lisman, including, but not limited to: payroll reports, payroll records, payroll ledgers, and general ledgers. 16. All documents and communications reflecting or relating to Defendants’ termination of the Joint Venture, including but not limited to communications internally between S71G’s agenis and employees. 17. All documents and communications reflecting or relating to Marrero’s termination from STiG. 18. All documents and communications reflecting or relating to Lisman’s termination from STiG. 19. All documents reflecting STiG’s ownership structure, investors, profit-sharing agreements, or profit-distribution agreements. on All danumante and aammuninations that chaur CTIO ravanna fram calac in 1A Aue Au GOCURICHS 4G COnMMmUnICaUGns ulat SHOW S110 5 Te Venue ion Sats in 2uas,2015 and 2016. Please separate responsive documents based on the year that they relate to. 21. All documents and communications that show STiG’s profit from sales in 2014, 2015 and 2016. Please separate responsive documents based on the year that they relate to. 22. All invoices showing STiG’s sales from September 2014 to the present. 23. All QuickBooks (or other accounting software) reports showing STiG’s sales and expenses from September 2014 to the present. 24. All monthly bank account statements for accounts maintained by STiG showing STiG’s income and/or profit from sales since September 2014. 25. — All general ledgers, balance sheets, profit and loss statements, and cash flow statements, whether in hard copy or electronic form, for STiG since September 2014. 26. All tax returns filed by STiG with any federal, state, or local government authority, including but not limited to, quarterly and year-end tax returns, and Form K-1s issued. 27. All STiG employee handbook, guides, policies, procedures, business plans, and quality plans. 28. All minutes of STiG meetings where Marrero, Lisman, or the Joint Venture was discussed. 29. All STiG marketing materials, information materials, or similar documents created between September 2014 and December 2015. 30. All documents and communications reflecting or relating to Marrero’s job performance at STiG, including, but not limited to: correspondence, agreements, employment files, duties, position, evaluations, awards, promotions, compensation history, and reviews. 31. All documents and communications reflecting or relating to Lisman’s job narfarmanne at OTIG including hut nat limited ta: earracnandancea aaraamante amalaumant poronmance at SiiG, MGuGINg, Cul HOt umneG wl Coresponaenee, agrecnicims, Ciipdynienefiles, duties, position, evaluations, awards, promotions, compensation history, and reviews. 32. All communications and documents, including those exchanged internally between Defendants and/or between STiG’s agents and employees, reflecting or relating to the possibility of Plaintiffs asserting any legal claims as a result of Defendants failing to give Plaintiffs ownership of, and profits from, STiG. 33. The entire employment, recruiting, personnel, and/or compliance files of Marrero, including but not limited to applications for employment, employment agreements, employment contracts, background checks, questionnaires, outside business connections disclosures, congratulation letters, reprimands, awards, payout schedules, and any and all documents relating to discussions concerning his employment, continued employment, or termination of employment with STiG. 34. The entire employment, recruiting, personnel, and/or compliance files of Lisman, including but not limited to applications for employment, employment agreements, employment contracts, background checks, questionnaires, outside business connections disclosures, congratulation letters, reprimands, awards, payout schedules, and any and all documents relating to discussions concerning his employment, continued employment, or termination of employment with STiG. 35. All agreements between Mitchell Klein and STiG. 36. All agreements between Mitchell Klein and La Spina related to STiG. 37. All documents and communications reflecting or relating to payments from STiG to Mitchell Klein. 38. All documents and communications reflecting or relating to payments from La Qnina ta Mitehall Zlain ralated ta OTH ping (6 wai uci Pea Ww 1G,39. All agreements between Howard Dresner and STiG. 40. All agreements between Howard Dresner and La Spina related to STiG. 41. — All documents and communications reflecting or relating to payments from STiG to Howard Dresner. 42. All documents and communications reflecting or relating to payments from La Spina to Howard Dresner related to STiG. 43. All documents or communications reflecting or relating to the allegations in the Complaint that are not responsive to the requests above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 19th day of April, 2016, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal, and I furnished a copy of the foregoing to be served via private process serve along with the Summons and Complaint upon Defendants, James La Spina and Strategic Turbine Inventory Group, LLC, c/o James La Spina, Registered Agent, at 39 Golfview Drive, Tequesta, FL 33469. MORGAN & MORGAN, P.A. Business Trial Group s/Evan H. Frederick Evan H. Frederick Florida Bar No. 064819 James E. Fakhoury Florida Bar No. 0118644 1641 Worthington Rd., Suite 100 Wroet Nat. Naw Ota. 29 4N0 WSL Palin beach, riorida J94uy Telephone: (561) 227-5858 Facsimile: (561) 227-5859 EFrederick@forthepeople.com JFakhoury@forthepeople.com 10EXHIBIT BFiling # 40468957 E-Filed 04/19/2016 05:00:41 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NUMBER: TAYMI MARRERO and JOHN LISMAN, Plaintiffs, Vv. JAMES LA SPINA, individually, and STRATEGIC TURBINE INVENTORY GROUP LLC, Defendants. / PLAINTIFFS’ NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES Plaintiffs hereby file its Notice of Service of First Set of Interrogatories on Defendants, to be answered, under oath and in writing, within forty-five (45) days from the date of service of these interrogatories.CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 19th day of April, 2016, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal, and I furnished a copy of the foregoing to be served via private process serve along with the Summons and Complaint upon Defendants, James La Spina and Strategic Turbine Inventory Group, LLC, c/o James La Spina, Registered Agent, at 39 Golfview Drive, Tequesta, FL 33469. MORGAN & MORGAN, P.A. Business Trial Group s/Evan H. Frederick Evan H. Frederick Florida Bar No. 064819 James E. Fakhoury Florida Bar No. 0118644 1641 Worthington Rd., Suite 100 West Palm Beach, Florida 33409 Telephone: (561) 227-5858 Facsimile: (561) 227-5859 EFrederick@forthepeople.com JFakhoury@forthepeople.comIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NUMBER: TAYMI MARRERO and JOHN LISMAN, Plaintiffs, Vv. JAMES LA SPINA, individually, and STRATEGIC TURBINE INVENTORY GROUP LLC, Defendants. / PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANTS Plaintiffs, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby request that Defendants each answer the following interrogatories, under oath and in writing, within forty-five (45) days from the date of service of these interrogatories. DEFINITIONS 1. The term “Marrero” refers to Plaintiff, Taymi Marrero, including her agents, employees, all other persons acting or purporting to act on her behalf, experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attorneys. 2. The term “Lisman” refers to Plaintiff, John Lisman, including his agents, employees, all other persons acting or purporting to act on his behalf, experts, persons consulted pancarning ant fantial mattar ar mattare nf anininn ralating ta anw af tha fante nr jconac inualwad Concerning any raCuids Mauer OF Mauers Or Opinion reaung vw airy G1 ule race OF issues invorveu:in this action, and unless privileged, the party’s attorneys. 3. The term “Plaintiffs” refers collectively to Plaintiffs Marrero and Lisman as defined herein. 4, The term “STiG” refers to Defendant, Strategic Turbine Inventry Group LLC, and its predecessors, successors, and subsidiaries, including present and former officers, directors, agents, or employees; all other persons acting or purporting to act on its behalf; experts; persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action; and unless privileged, the party’s attorneys. 5. The term “La Spina” refers to Defendant, James La Spina, including his agents, employees, all other persons acting or purporting to act on his behalf, experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attorneys. 6. The term “Defendants” refers collectively to Defendants STiG and La Spina as defined herein. 7. The term “Joint Venture” refers to the joint venture agreement Plaintiffs and Defendants eniered into on or about September 2014 between Piainiitts and La Spina to co- found an industrial aeroderivative turbine parts sales and distribution business named STiG, as alleged in paragraphs 16 and 18 of the Complaint filed in this case. 8. The terms “document” or “documents” mean the original and all drafts or copies thereof which are different in any way from the original (whether by interlineation, receipts stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material onrracnandanca talaarame fancimilac talavac amaile mamnranda racnrdo nf Thatta, COmesponacnce, Witgzramis, iavsiniues, WieAes, Ciniaus, Mmenigranua, TeCOras Ormeetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other computer-readable records or programs, all electronically stored or created data, whether written, typed, printed, punched, filmed, marked in any way, data or information stored in any form readable or accessible by computer including, but not limited to, magnetic tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of any kind backup copies and “deleted” files on any computer storage device or media, including the printed output of any such electronic data/communications, processing equipment or magnetically stored information, computer memory, optical media, magneto media, and other physical media on which notations or making of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary materials which are different in any way from the executed or final documents shall be considered to be additionai documenis as the terms as used herein. 9. The term “communication(s)” shall mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face, or by telephone mail, e-mail, computer disk, telecopy or facsimile, personal delivery, documents, or otherwise. 10. The term “person” means any natural person, any business entity (whether a corporation, partnership, or other business association), any government or political subdivision tharanf nr anvarnmantal handy cammiccinn hnard acanow buvean ar danartmant uleICOl, OF ZOVermuiciar VOGY, COlmmssIU UUdU, GZuley, Ouleau, Or Geparunedie,ll. The phrase “reflecting or relating to” or any variant thereof means constitutes, embodies, comprises, reflects, discusses, identified, states, comments on, responds to, describes, analyzes, contains information concerning, or is any way related, connected, associated, or pertinent to the stated subject matter. 12. The terms “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes the plural and vice versa; and the masculine includes the feminine and vice versa. 13. The term “including” means including without limitation. 14. The term “agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of or on behalf of another. 15. The terms “pertain to” or “pertaining to” shall mean relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates, demonstrates, proves, evidences, shows refutes, disputes, rebuts, controverts, or contradicts. 16. The term “identify,” when used in reference to a document, means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including (i) the type of document (e.g., letter or memorandum) and, if electronically stored information, the software application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2) the general subject matter of the document or electronically stored information; (3) the date of the document or electronically stored information; (4) the author of the document or electronically stored information; (5) the addressee of the document or electronically stored information; and (6) the relationship of the author and addressee to each other.INSTRUCTIONS 1. In each of your answers to these interrogatories, you are requested to provide not only such information as is in your possession, but also all information as is reasonably available, whether or not it is in your possession. In the event you are able to provide only part of the information called for by any particular interrogatory, provide all of the information you are able to provide, and state the reason for your inability to provide the remainder. 2. If you object to or otherwise decline to answer any part of an interrogatory, please provide all information called for in that portion of the interrogatory to which you do not object, or to which you do not decline to answer. If you object to an interrogatory on the ground that it is too broad (i.e., that it calls for both information which is relevant to the subject matter of the action and for information which is not relevant), please provide such information as you concede to be relevant. If you object to an interrogatory on the ground that it would constitute an undue burden to provide an answer, please provide such requested information as can be supplied without undertaking such undue burden. For those portions of any interrogatory to which you object or otherwise decline to answer, state the reason for such objection or declination. 3. Unless otherwise specified herein, the scope of these interrogatories is limited to the period between January 1, 2012 through the date of this request.INTERROGATORIES 1. Please state the name and address of the person answering these interrogatories, the person’s official position or relationship with the party to whom the interrogatories are directed, and the name and address of any and all persons who provided information to assist in the answering of these interrogatories. Answer: 2. Please provide the name, address, telephone number, place of employment and job title of any person who has, claims to have or whom Defendants believe may have knowledge or information pertaining to any fact alleged in the pleadings filed in this action, or any fact underlying the subject maitier of this action. Answer:3. Please state the specific nature and substance of the knowledge that Defendants believe the person(s) identified in the response to interrogatory no. 2 may have. Answer: 4. Please state each item of damage that Defendants claim, whether as an affirmative claim or as a setoff, and include in the answer: the count or defense to which the item of damages relates; the category into which each item of damages falls, i.e. general damages, special or consequential damages (such as lost profits), interest, and any other relevant categories; the factual basis for each item of damages; and an explanation of how Defendants computed each item of damages, including any mathematicai formuia used. Answer:5. Please identify each document (including electronically stored information) pertaining to each item of damages stated in the response to interrogatory no. 4 above. Answer: 6. State all facts upon which you rely for, and/or that support, each affirmative defense in your Answer. Answer: 107. Please list all individuals or corporate entities that have an ownership interest in STIG. For each individual or corporate entity listed, please state the percentage of STIG the individual or corporate entity owns, the date acquired, and what renumeration, if any, was paid for the ownership percentage. Answer: 8. Please list all individuals or corporate entities that have entered into a contract or agreement, or are otherwise entitled, to receive a distribution from the profits of STIG. For each individual or corporate entity listed, please state: a) the date of their contract(s) or agreement(s) to receive a distribution from the profits of STIG; b) the percentage of the profits of STIG that the individual or corporate entity tecetves or has received; c) the dates and amounts of all payments of STIG profits received. Answer: 119. Please list the monthly, quarterly, and annual gross and net profits of STIG from January 1, 2014 until the present. Answer: 10. Identify each category of documents used to formulate the answers to Interrogatories 7-9 above with sufficient specificity to allow you to produce such documents in response to Plaintiffs’ First Request for Production. Answer: 12VERIFICATION OF ANSWERS TO INTERROGATORIES STRATEGIC TURBINE INVENTORY GROUP LLC By: Print Name: As Its: STATE OF ) ) ss. COUNTY OF BEFORE ME, the undersigned authority, on , 2016, personally appeared who being first duly sworn, deposes and says that the answers to the foregoing First Set of Interrogatories are true and correct, and he/she subscribed his/her name thereto in certification thereof. ___ Personally known by me; or ___ Produced identification Identification produced Notary Signature Notary Name Printed NOTARY PUBLIC Commission Expires 13VERIFICATION OF ANSWERS TO INTERROGATORIES JAMES LA SPINA STATE OF ) ) ss. COUNTY OF ) BEFORE ME, the undersigned authority, on , 2016, personally appeared who being first duly sworn, deposes and says that the answers to the foregoing First Set of Interrogatories are true and correct, and he/she subscribed his/her name thereto in certification thereof. ____ Personally known by me; or ___ Produced identification Identification produced Notary Signature Notary Name Prinied NOTARY PUBLIC Commission Expires 14