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Filing # 67106525 E-Filed 01/26/2018 03:03:12 PM
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-18-001883 (03)
KENNETH COLIN KEPLEY,
Plaintiff,
vs.
BISCAYNE CONSTRUCTION COMPANY,
INC., a Florida Corporation d/b/a BISCAYNE
ROOFING & WATERPROOFING SYSTEMS,
and RONALD A. LAING, an individual,
Defendants.
i
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO
DEFENDANT, RONALD A. LAING
Plaintiff, KENNETH COLIN KEPLEY (‘“Kepley” or the “Plaintiff’), by and
through his undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil
Procedure, hereby serves with the Summons and Complaint in this matter, the Plaintiff's
First Request for Production of Documents on Defendant, RONALD A. LAING, (“Laing”
or “Defendant”).
I. DEFINITIONS
As used herein, the following terms are defined as indicated:
1. “You,” “your,” “yours,” “yourself,” refers to Defendant, including any of
its agents, representatives, attorneys, employees, members, managers, investigators,
partners or consultants, its assignors, merged, consolidated or acquired predecessors or
successors, divisions, units and subsidiaries, whether or not wholly owned, present and former
officers, directors, agents or employees of any of the foregoing and all other persons acting or
purporting to act on its behalf, including agents, experts, persons consulted concerning any
factual matter or matters of opinion relating to any of the facts or issues involved in this action,
and any other person and or entity acting or purporting to act on its behalf or under its
control.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 3:03:12 PM.****2. “Plaintiff” refers to Kenneth Colin Kepley, including any of his agents,
representatives, attorneys, investigators, partners or consultants, and any other person and
or entity acting or purporting to act on his behalf or under his control.
3. “Biscayne” refers to Defendant, Biscayne Construction Company, Inc.
d/b/a Biscayne Roofing and Waterproofing Systems.
4. “Laing” refers to Defendant, Ronald A. Laing.
5. “Person” means any person or entity, and includes individuals,
corporations, partnerships, associations, joint ventures, and other business enterprises, or
legal entities and includes both the singular and plural.
6. The term “representative” refers to any employee, agent, attorney or
accountant.
7. The term “identify” means to state:
(a) in the case of a natural person, the person’s name, business
address, and telephone number, employer, and title or position;
(b) in the case of a person other than a natural person, its name,
address, and telephone number;
(c) in the case of a communication or meeting, its date, type (e.g.,
telephone conversation, discussion, or meeting), the place where it
occurred, the identity of the participants, and the subject matter;
and
(d) in the case of a document, the title of the document, the author, the
title or position of the author, the addressee(s), each recipient and
copy recipient or blind-copy recipient, the type of document, the
subject matter, the date of preparation, and Bates stamp numbers.
8. The word “document” or “documents” includes, without limitation, the
following items, whether printed, recorded, filmed or reproduced by any other mechanical
process, or written or produced by hand, and whether an original master, or copy, namely:
work sheets; agreements; books; records; opinions or report of consultant; bank statements;
financial statements; check books; checks; cancelled checks; deposit slip; charge slips;
stubs or register; diaries; communications, including intra-company communications;
correspondence; cablegrams; radiograms; telexes; e-mails; instant messages; short
messaging service (SMS); Blackberry Messenger Messages (BBM); voicemails;
statements posted on or the internet, memoranda, including intra-company memoranda;
summaries; notes and records of telephone conversations, meetings and conferences; notes
and records of personal conversations and interviews; ledgers, invoices; contracts; notices;
drafts of any documents; marginal or other comments or notes appearing on anydocuments; business records; charts; plans; specifications; schedules; computer printouts;
computer tapes; microfilms; microfiches; photographs; slides; negatives; motion pictures;
video recordings; tape or other voice recordings and transcription thereof; and data
compilations (including meta-data) from which information can be obtained, translated, if
necessary, by you through detection devices into reasonably usable form; and any other
information containing paper, writing or physical thing including all underlying,
supporting or preparatory material now in your possession, custody or control, or available
to you, your counsel, accountants, agents, representatives or associates. “Document” or
“documents” specifically includes documents kept by individuals in their desks, at home
or elsewhere.
9. The word “document” or “documents” also includes, without limitation, the
original and all files copies and other copies that are not identical to the original no matter
how or by whom prepared, and all drafts prepared in connection with any documents,
whether used or not. If the original of any document is not in your possession, custody or
control, a copy of that document should be produced.
10. “Copy” when used in reference to a document means any color, or black or
white facsimile reproduction of a document, regardless of whether the facsimile
reproduction is made by means of carbon papers, pressure sensitive paper, xerography or
other means or process.
11. The term “communication,” “communications,” or “communicate” means
any writing, or oral conversation, including, but not limited to, telephone conversations
and meetings, letters, e-mails, text messages, voice mails, telegraphic and telex
communications, instant messages, and includes all information relating to all oral
communications and “documents” (as hereinabove defined), whether or not any such
document, or the information contained therein, was transmitted by its author to any other
person.
12. The term “including” means “including without limitation.”
13. If not expressly stated, “control” means in your possession, custody, or
control or under your direction, and includes in the possession, custody or control of those
under the direction of you or your employees, subordinates, counsel, accountant,
consultant, expert, parent or affiliated corporation, and any person purporting to act on your
behalf.
14. “Pertaining to”, “pertains to” and “pertain to” means directly or indirectly,
refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way
legally, logically, or factually be connected with the matter discussed.
15. “Relating to,” “relates to” and “related to” means, without limitation,
comprising, concerning, containing, embodying, referring to, alluding to, responding to,
about, regarding, explaining, discussing, showing, describing, studying, reflecting,
analyzing or constituting. A communication or document “relating to” any given subjectmeans any communication or document that constitutes, contains, embodies, reflects,
identifies, states, refers to, deals with, or is in any way pertinent to that subject, including,
without limitation, documents concerning the preparation of other documents.
Il. INSTRUCTIONS
1. Unless otherwise specified, the time period covered by this Request for
Production is the period from 2013 to the date of the response to this Request.
2. Plaintiff requests that you produce the items specified herein for inspection
and copying within thirty (30) days after the service of this Request. This Request is
continuing in nature and the answers and documents must be supplemented by you at such
time in the future as any facts, information and documents discovered hereafter shall have
been ascertained, and such supplemental answers, information and documents shall be
served upon the undersigned attorneys reasonably after such discovery. The original of the
responses are to be served on Plaintiffs’ attorneys at the offices of Conrad Scherer, LLP,
633 South Federal Highway, 8th Floor, Fort Lauderdale, Florida, 33301. All documents
being produced in response to these discovery requests are to be made available for
inspection and copying at the same place or at such other location mutually agreed to by
the parties.
3. If an objection is made to any request herein, all documents covered by the
request not subject to the objection should be produced. Similarly, if an objection is made to
production of a document, the portion(s) of that document not subject to objection should be
produced with the portion(s) objected to deleted and indicated clearly.
4. You are required to produce a document or tangible thing if it is within your
possession, custody, or control. Possession, custody or control includes constructive
possession, such that you need not have actual physical possession. As long as you have
the superior right to compel the production from a third party (including an agency,
authority or representative), you have possession, custody, or control.
5. All documents listed herein shall be produced as they are kept in the usual
course of business or shall be organized and labeled to correspond with categories in this
request. The selection of documents from files and other sources shall be performed in
such a manner as to ensure that the file or other source in which the document is obtained
may be identified. Any documents listed herein shall be produced in their full and
unexpurgated form.
6. If you cannot produce the documents listed herein in full after exercising
due diligence to secure such documents, please so state and specify the reason(s) for your
inability to produce the documents and stating whatever information you have relating to
the location and or possession, custody or control of the documents.
7. Where documents or tangible things responsive to any request for
production have been lost or destroyed, state the date of each document or tangible thing,
the last known location of each document or tangible thing, the last person in custody or
4control of the document or tangible thing, and the reason for the loss or destruction.
8. Documents called for by this request for production include all documents
pertaining to the indicated subject, regardless of whether a particular document has been
superseded, amended, revised, rewritten, redrafted, rejected, or rendered obsolete.
9. To the extent copies of responsive documents are produced, please produce
all responsive documents Bates numbered according to each document request. In
response to each request below, please identify by Bates number all documents responsive
to that particular request.
10. Documents that may be responsive to more than one request need not be
submitted more than once; however, such documents should be so identified.
11. If you choose to withhold from production for inspection and copying on the
ground of privilege or the like, it is requested that you provide the following information: date,
type of document, author, addressee or recipient, present location, custodian, number of pages,
general description, privilege claimed, and any other pertinent information.
Ill. INSTRUCTIONS AS TO ESI
1. The laws and rules prohibiting destruction of evidence apply to
Electronically Stored Information in the same manner as they apply to other types of
documentary evidence. Due to its format, Electronically Stored Information is easily
deleted, modified or corrupted. You must take every reasonable step to preserve all
Electronically Stored Information concerning or relating to this matter until a final
resolution. This includes, but is not limited to, your obligation to cease any and all data
destruction and backup tape recycling policies which are in any way related to this matter.
2. Plaintiff requests that you produce each electronic document in electronic
format as Bates numbered 300 dots per inch (dpi) single-page TIFF or multi-page PDF
with corresponding searchable text, and that all electronic productions be provided to
Plaintiff via portable media such as compact disc (CD) or digital video/versatile disc
(DVD).
3. Notwithstanding the foregoing, Plaintiff requests that electronic
documents such as Microsoft Excel files or other spreadsheet programs, Microsoft
PowerPoint files, database files, and any other file types that reasonably require viewing
in their native format for a full understanding of their content be produced in their native
format along with all meta data and linked to a TIFF placeholder containing the
correlating Bates number.IV. DOCUMENTS TO BE PRODUCED
lL. All documents, including all communications, notes, emails, text messages,
or other correspondence concerning Biscayne’s hiring of Kepley.
2. All documents, including all communications, notes, emails, text messages
or other correspondence concerning any business disagreement between you and Kepley
with respect to Biscayne or any related entities.
3. All documents, including all communications, notes, emails, text messages
or other correspondence between you and Kepley concerning Kepley’s compensation at
Biscayne from 2013-2017.
4, All documents, including all communications, notes, emails, text messages
or other correspondence between you and Kepley regarding Biscayne’s intention to make
Kepley an equity owner in Biscayne.
5. All general ledgers for Biscayne and its affiliates or subsidiaries from 2013
to the present.
6. All tax returns filed by Biscayne and any of its affiliates or subsidiaries from
2013 to the present.
7, All tax returns filed by you from 2013 to the present.
8. All non-privileged documents including all communications, notes, emails,
text messages or other correspondence that were used in the preparation of the tax returns
identified in Request Nos. 6 and 7 above.
9. All audited, reviewed, compiled or internally prepared financial statements
(monthly, quarterly, semi-annually and annually), including income statements, personal
financial statements cash flow statements, and any notes, for you from 2013 to the present.10. All profit and loss statements for Biscayne and any of its affiliates or
subsidiaries from 2013 to the present.
ll. All meeting minutes and or corporate minutes of Biscayne and any of its
affiliates or subsidiaries from 2013 to the present.
12. All bylaws and all amendments thereto for Biscayne and any of its affiliates
or subsidiaries from 2013 to the present.
13. All documents and communications concerning, referring, or relating to
Biscayne’s year-end financial statements for the last five (5) years including, but not limited
to any audited, reviewed, or complied statements from any outside accountants as well as
any attached cover letters or other documentation.
14, All performance evaluations concerning Kepley.
15. All documents and communications concerning, referring, or relating to
Biscayne’s most recent work-in-progress statement or documents otherwise indicating
Biscayne’s construction projects that are still in progress.
16. All non-privileged communications, emails, text messages, or other
correspondence concerning, referring, or relating to Biscayne’s most recent year-to-date
balance sheet and profit & loss statement.
17. All non-privileged communications, including emails, text messages, or
other correspondence concerning, referring, or relating to Biscayne’s internal year-end
statements, including but not limited to, its balance sheets and income statements from 2013
to the present.18. All non-privileged communications including emails, text messages, or
other correspondence concerning, referring, or relating to Biscayne’s tax returns and your
K-1s from 2013 to the present.
19. All K-1s issued to you from Biscayne and any of its affiliates and/or
subsidiaries from 2013 to the present.
20. All documents and communications, including emails, text messages, or
other correspondence concerning, referring, or relating to Biscayne’s distributions of net
profits (or otherwise) to Kepley during his tenure at Biscayne.
21. All documents and communications, including emails, text messages, or
other correspondence concerning, referring or relating to any construction projects and/or
Biscayne clients (past or present) that Kepley originated during his tenure at Biscayne.
22, All documents and communications concerning, referring, or relating to any
distributions paid to you from Biscayne and any of its affiliates and/or subsidiaries from
2013 to the present.
23, All documents and communications, including emails, text messages, or
other correspondence concerning expenses incurred by Biscayne and its affiliates and/or
subsidiaries during Kepley’s tenure as at Biscayne.
24. All documents and communications, including emails, text messages, or
other correspondence concerning, referring, or relating to all compensation and/or benefits,
in whatever form, paid, provided, or given (both directly and indirectly) to you from
Biscayne or any of its affiliates and/or subsidiaries from 2013 to the present.25. All documents and communications, including emails, text messages, or
other correspondence concerning, referring, or relating to all compensation and/or benefits,
in whatever form, paid, provided, or given (both directly and indirectly) to Kepley during
his tenure at Biscayne.
26. All documents and communications, including emails, text messages, or
other correspondence concerning, referring, or relating to all projects that were commenced
and/or completed by Biscayne (including its affiliates and subsidiaries) within the last five
(5) years.
27. All documents demonstrating Biscayne’s gross and net revenue from 2013
to the present.
28. All documents demonstrating Biscayne’s net profits from 2013 to the
present.
Dated: January 26, 2018.
CONRAD & SCHERER, LLP
Counsel for Plaintiff
633 South Federal Highway
Fort Lauderdale, FL 33301
Tel: (954) 462-5500
Fax: (954) 463-9244
By:_/s/ Joshua B. Alper
WILLIAM R. SCHERER
Florida Bar No. 169454
wrs@conradscherer.com
JOSHUA B. ALPER
Florida Bar No. 0059875
jalper@conradscherer.com
E-SERVICE:
wrspleadings(@conradscherer.com
jbapleadings@conradscherer.com
eservice@conradscherer.com
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Filing # 67106525 E-Filed 01/26/2018 03:03:12 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-18-001883 (03) KENNETH COLIN KEPLEY, Plaintiff, vs. BISCAYNE CONSTRUCTION COMPANY, INC., a Florida Corporation d/b/a BISCAYNE ROOFING & WATERPROOFING SYSTEMS, and RONALD A. LAING, an individual, Defendants. i PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT, RONALD A. LAING Plaintiff, KENNETH COLIN KEPLEY (‘“Kepley” or the “Plaintiff’), by and through his undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby serves with the Summons and Complaint in this matter, the Plaintiff's First Request for Production of Documents on Defendant, RONALD A. LAING, (“Laing” or “Defendant”). I. DEFINITIONS As used herein, the following terms are defined as indicated: 1. “You,” “your,” “yours,” “yourself,” refers to Defendant, including any of its agents, representatives, attorneys, employees, members, managers, investigators, partners or consultants, its assignors, merged, consolidated or acquired predecessors or successors, divisions, units and subsidiaries, whether or not wholly owned, present and former officers, directors, agents or employees of any of the foregoing and all other persons acting or purporting to act on its behalf, including agents, experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and any other person and or entity acting or purporting to act on its behalf or under its control. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 3:03:12 PM.****2. “Plaintiff” refers to Kenneth Colin Kepley, including any of his agents, representatives, attorneys, investigators, partners or consultants, and any other person and or entity acting or purporting to act on his behalf or under his control. 3. “Biscayne” refers to Defendant, Biscayne Construction Company, Inc. d/b/a Biscayne Roofing and Waterproofing Systems. 4. “Laing” refers to Defendant, Ronald A. Laing. 5. “Person” means any person or entity, and includes individuals, corporations, partnerships, associations, joint ventures, and other business enterprises, or legal entities and includes both the singular and plural. 6. The term “representative” refers to any employee, agent, attorney or accountant. 7. The term “identify” means to state: (a) in the case of a natural person, the person’s name, business address, and telephone number, employer, and title or position; (b) in the case of a person other than a natural person, its name, address, and telephone number; (c) in the case of a communication or meeting, its date, type (e.g., telephone conversation, discussion, or meeting), the place where it occurred, the identity of the participants, and the subject matter; and (d) in the case of a document, the title of the document, the author, the title or position of the author, the addressee(s), each recipient and copy recipient or blind-copy recipient, the type of document, the subject matter, the date of preparation, and Bates stamp numbers. 8. The word “document” or “documents” includes, without limitation, the following items, whether printed, recorded, filmed or reproduced by any other mechanical process, or written or produced by hand, and whether an original master, or copy, namely: work sheets; agreements; books; records; opinions or report of consultant; bank statements; financial statements; check books; checks; cancelled checks; deposit slip; charge slips; stubs or register; diaries; communications, including intra-company communications; correspondence; cablegrams; radiograms; telexes; e-mails; instant messages; short messaging service (SMS); Blackberry Messenger Messages (BBM); voicemails; statements posted on or the internet, memoranda, including intra-company memoranda; summaries; notes and records of telephone conversations, meetings and conferences; notes and records of personal conversations and interviews; ledgers, invoices; contracts; notices; drafts of any documents; marginal or other comments or notes appearing on anydocuments; business records; charts; plans; specifications; schedules; computer printouts; computer tapes; microfilms; microfiches; photographs; slides; negatives; motion pictures; video recordings; tape or other voice recordings and transcription thereof; and data compilations (including meta-data) from which information can be obtained, translated, if necessary, by you through detection devices into reasonably usable form; and any other information containing paper, writing or physical thing including all underlying, supporting or preparatory material now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates. “Document” or “documents” specifically includes documents kept by individuals in their desks, at home or elsewhere. 9. The word “document” or “documents” also includes, without limitation, the original and all files copies and other copies that are not identical to the original no matter how or by whom prepared, and all drafts prepared in connection with any documents, whether used or not. If the original of any document is not in your possession, custody or control, a copy of that document should be produced. 10. “Copy” when used in reference to a document means any color, or black or white facsimile reproduction of a document, regardless of whether the facsimile reproduction is made by means of carbon papers, pressure sensitive paper, xerography or other means or process. 11. The term “communication,” “communications,” or “communicate” means any writing, or oral conversation, including, but not limited to, telephone conversations and meetings, letters, e-mails, text messages, voice mails, telegraphic and telex communications, instant messages, and includes all information relating to all oral communications and “documents” (as hereinabove defined), whether or not any such document, or the information contained therein, was transmitted by its author to any other person. 12. The term “including” means “including without limitation.” 13. If not expressly stated, “control” means in your possession, custody, or control or under your direction, and includes in the possession, custody or control of those under the direction of you or your employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. 14. “Pertaining to”, “pertains to” and “pertain to” means directly or indirectly, refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually be connected with the matter discussed. 15. “Relating to,” “relates to” and “related to” means, without limitation, comprising, concerning, containing, embodying, referring to, alluding to, responding to, about, regarding, explaining, discussing, showing, describing, studying, reflecting, analyzing or constituting. A communication or document “relating to” any given subjectmeans any communication or document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents. Il. INSTRUCTIONS 1. Unless otherwise specified, the time period covered by this Request for Production is the period from 2013 to the date of the response to this Request. 2. Plaintiff requests that you produce the items specified herein for inspection and copying within thirty (30) days after the service of this Request. This Request is continuing in nature and the answers and documents must be supplemented by you at such time in the future as any facts, information and documents discovered hereafter shall have been ascertained, and such supplemental answers, information and documents shall be served upon the undersigned attorneys reasonably after such discovery. The original of the responses are to be served on Plaintiffs’ attorneys at the offices of Conrad Scherer, LLP, 633 South Federal Highway, 8th Floor, Fort Lauderdale, Florida, 33301. All documents being produced in response to these discovery requests are to be made available for inspection and copying at the same place or at such other location mutually agreed to by the parties. 3. If an objection is made to any request herein, all documents covered by the request not subject to the objection should be produced. Similarly, if an objection is made to production of a document, the portion(s) of that document not subject to objection should be produced with the portion(s) objected to deleted and indicated clearly. 4. You are required to produce a document or tangible thing if it is within your possession, custody, or control. Possession, custody or control includes constructive possession, such that you need not have actual physical possession. As long as you have the superior right to compel the production from a third party (including an agency, authority or representative), you have possession, custody, or control. 5. All documents listed herein shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond with categories in this request. The selection of documents from files and other sources shall be performed in such a manner as to ensure that the file or other source in which the document is obtained may be identified. Any documents listed herein shall be produced in their full and unexpurgated form. 6. If you cannot produce the documents listed herein in full after exercising due diligence to secure such documents, please so state and specify the reason(s) for your inability to produce the documents and stating whatever information you have relating to the location and or possession, custody or control of the documents. 7. Where documents or tangible things responsive to any request for production have been lost or destroyed, state the date of each document or tangible thing, the last known location of each document or tangible thing, the last person in custody or 4control of the document or tangible thing, and the reason for the loss or destruction. 8. Documents called for by this request for production include all documents pertaining to the indicated subject, regardless of whether a particular document has been superseded, amended, revised, rewritten, redrafted, rejected, or rendered obsolete. 9. To the extent copies of responsive documents are produced, please produce all responsive documents Bates numbered according to each document request. In response to each request below, please identify by Bates number all documents responsive to that particular request. 10. Documents that may be responsive to more than one request need not be submitted more than once; however, such documents should be so identified. 11. If you choose to withhold from production for inspection and copying on the ground of privilege or the like, it is requested that you provide the following information: date, type of document, author, addressee or recipient, present location, custodian, number of pages, general description, privilege claimed, and any other pertinent information. Ill. INSTRUCTIONS AS TO ESI 1. The laws and rules prohibiting destruction of evidence apply to Electronically Stored Information in the same manner as they apply to other types of documentary evidence. Due to its format, Electronically Stored Information is easily deleted, modified or corrupted. You must take every reasonable step to preserve all Electronically Stored Information concerning or relating to this matter until a final resolution. This includes, but is not limited to, your obligation to cease any and all data destruction and backup tape recycling policies which are in any way related to this matter. 2. Plaintiff requests that you produce each electronic document in electronic format as Bates numbered 300 dots per inch (dpi) single-page TIFF or multi-page PDF with corresponding searchable text, and that all electronic productions be provided to Plaintiff via portable media such as compact disc (CD) or digital video/versatile disc (DVD). 3. Notwithstanding the foregoing, Plaintiff requests that electronic documents such as Microsoft Excel files or other spreadsheet programs, Microsoft PowerPoint files, database files, and any other file types that reasonably require viewing in their native format for a full understanding of their content be produced in their native format along with all meta data and linked to a TIFF placeholder containing the correlating Bates number.IV. DOCUMENTS TO BE PRODUCED lL. All documents, including all communications, notes, emails, text messages, or other correspondence concerning Biscayne’s hiring of Kepley. 2. All documents, including all communications, notes, emails, text messages or other correspondence concerning any business disagreement between you and Kepley with respect to Biscayne or any related entities. 3. All documents, including all communications, notes, emails, text messages or other correspondence between you and Kepley concerning Kepley’s compensation at Biscayne from 2013-2017. 4, All documents, including all communications, notes, emails, text messages or other correspondence between you and Kepley regarding Biscayne’s intention to make Kepley an equity owner in Biscayne. 5. All general ledgers for Biscayne and its affiliates or subsidiaries from 2013 to the present. 6. All tax returns filed by Biscayne and any of its affiliates or subsidiaries from 2013 to the present. 7, All tax returns filed by you from 2013 to the present. 8. All non-privileged documents including all communications, notes, emails, text messages or other correspondence that were used in the preparation of the tax returns identified in Request Nos. 6 and 7 above. 9. All audited, reviewed, compiled or internally prepared financial statements (monthly, quarterly, semi-annually and annually), including income statements, personal financial statements cash flow statements, and any notes, for you from 2013 to the present.10. All profit and loss statements for Biscayne and any of its affiliates or subsidiaries from 2013 to the present. ll. All meeting minutes and or corporate minutes of Biscayne and any of its affiliates or subsidiaries from 2013 to the present. 12. All bylaws and all amendments thereto for Biscayne and any of its affiliates or subsidiaries from 2013 to the present. 13. All documents and communications concerning, referring, or relating to Biscayne’s year-end financial statements for the last five (5) years including, but not limited to any audited, reviewed, or complied statements from any outside accountants as well as any attached cover letters or other documentation. 14, All performance evaluations concerning Kepley. 15. All documents and communications concerning, referring, or relating to Biscayne’s most recent work-in-progress statement or documents otherwise indicating Biscayne’s construction projects that are still in progress. 16. All non-privileged communications, emails, text messages, or other correspondence concerning, referring, or relating to Biscayne’s most recent year-to-date balance sheet and profit & loss statement. 17. All non-privileged communications, including emails, text messages, or other correspondence concerning, referring, or relating to Biscayne’s internal year-end statements, including but not limited to, its balance sheets and income statements from 2013 to the present.18. All non-privileged communications including emails, text messages, or other correspondence concerning, referring, or relating to Biscayne’s tax returns and your K-1s from 2013 to the present. 19. All K-1s issued to you from Biscayne and any of its affiliates and/or subsidiaries from 2013 to the present. 20. All documents and communications, including emails, text messages, or other correspondence concerning, referring, or relating to Biscayne’s distributions of net profits (or otherwise) to Kepley during his tenure at Biscayne. 21. All documents and communications, including emails, text messages, or other correspondence concerning, referring or relating to any construction projects and/or Biscayne clients (past or present) that Kepley originated during his tenure at Biscayne. 22, All documents and communications concerning, referring, or relating to any distributions paid to you from Biscayne and any of its affiliates and/or subsidiaries from 2013 to the present. 23, All documents and communications, including emails, text messages, or other correspondence concerning expenses incurred by Biscayne and its affiliates and/or subsidiaries during Kepley’s tenure as at Biscayne. 24. All documents and communications, including emails, text messages, or other correspondence concerning, referring, or relating to all compensation and/or benefits, in whatever form, paid, provided, or given (both directly and indirectly) to you from Biscayne or any of its affiliates and/or subsidiaries from 2013 to the present.25. All documents and communications, including emails, text messages, or other correspondence concerning, referring, or relating to all compensation and/or benefits, in whatever form, paid, provided, or given (both directly and indirectly) to Kepley during his tenure at Biscayne. 26. All documents and communications, including emails, text messages, or other correspondence concerning, referring, or relating to all projects that were commenced and/or completed by Biscayne (including its affiliates and subsidiaries) within the last five (5) years. 27. All documents demonstrating Biscayne’s gross and net revenue from 2013 to the present. 28. All documents demonstrating Biscayne’s net profits from 2013 to the present. Dated: January 26, 2018. CONRAD & SCHERER, LLP Counsel for Plaintiff 633 South Federal Highway Fort Lauderdale, FL 33301 Tel: (954) 462-5500 Fax: (954) 463-9244 By:_/s/ Joshua B. Alper WILLIAM R. SCHERER Florida Bar No. 169454 wrs@conradscherer.com JOSHUA B. ALPER Florida Bar No. 0059875 jalper@conradscherer.com E-SERVICE: wrspleadings(@conradscherer.com jbapleadings@conradscherer.com eservice@conradscherer.com