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Filing # 77582462 E-Filed 09/07/2018 12:07:02 PM
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-8062-O
CIVIL DIVISION: 35
TOP 2 BOTTOM CONSTRUCTION
GROUP, INC.; MOHAMED KASSASE,
and JUSTIN CRUMP,
Plaintiffs,
v.
RICHMOND CAPITAL GROUP, LLC,
Defendant.
___________________________________/
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO
PLAINTIFF, TOP 2 BOTTOM CONSTRUCTION GROUP, INC.
Pursuant to Florida Rule of Civil Procedure 1.350, Defendant, Richmond Capital Group,
LLC (“RCG”) requests that Plaintiff, Top 2 Bottom Construction Group, Inc. (“T2B”) produce
the following documents and other tangible items at the offices of undersigned counsel within
the time prescribed by the Florida Rules of Civil Procedure and the Florida Rules of Judicial
Administration.
DEFINITIONS
1. “You,” “your,” or “yours”” means Top 2 Bottom Construction Group, Inc. and its
employees, members, officers, directors, agents, representatives, attorneys, or any other person
acting in cooperation or in concert with Top 2 Bottom Construction Group, Inc, or any person
who otherwise acted or is acting on Top 2 Bottom Construction Group, Inc’s behalf.
2. “Justin Crump” means Plaintiff, Justin Crump and its employees, members,
officers, directors, agents, representatives, attorneys, or any other person acting in cooperation or
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
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CASE NO. 2017-CA-8062-O
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in concert with Justin Crump, or any person who otherwise acted or is acting on Justin Crump’s
behalf.
3. “Mohamed Kassase” means Plaintiff, Mohamed Kassase and its employees,
members, officers, directors, agents, representatives, attorneys, or any other person acting in
cooperation or in concert with Mohamed Kassase, or any person who otherwise acted or is acting
on Mohamed Kassase’s behalf.
4. “Richmond Capital Group, LLC” or “RCG” means Defendant, Richmond Capital
Group, LLC and itsemployees, members, officers, directors, agents, representatives, attorneys,
or any other person acting in cooperation or in concert with Richmond Capital Group, LLC, or
any person who otherwise acted or is acting on Richmond Capital Group, LLC’s behalf.
5. “Merchant Agreement” means the Merchant Agreement dated June 23, 2017
between Merchant Top 2 Bottom Construction Group, Inc. and Richmond Capital Group, Inc.,
which was personally guaranteed by Justin Crump and Mohamed Kassase.
9. “Third party” refers to any individual or entity that is not a party to this action.
10. “Document” means any writing, recording, electronically stored information or
photograph in your actual or constructive possession, custody, care or control, which pertains
directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other
matter relevant to the issues in this action, or which themselves listed below as specific
documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries,
minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes, or
tape recordings, and including all drafts of the foregoing items.
11. Communication” means the transmittal or exchange of information of any kind in
any form, including oral, written, or electronic form.
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
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12. “Relating to” or “referring to” means pertains to, refers to, contains, concerns,
describes, embodies, mentions, constitutes, supports, corroborates, demonstrates, proves,
evidences, shows, refutes, disputes, rebuts, controverts, or contradicts.
INSTRUCTIONS
You shall adhere to the following instructions in responding to these Requests:
1. You must produce all responsive documents and other tangible things in your
possession, custody, or control.
2. Each document request shall operate and be construed independently. No
individual request limits the scope of any other request.
3. These requests are to be construed in the broadest sense possible. All uses of the
conjunctive include the disjunctive and vice versa. Words in the singular include the plural and
vice versa; “all” shall include “any” and vice versa; and “each” shall include “every” and vice
versa.
4. All documents that in their original form were stapled, clipped, or otherwise
attached to other documents should be produced in such form.
5. For each document whose production is requested, produce the entire original
document, along with all attachments, appendices, and exhibits, and any copies that are not
identical to the original in any respect (whether because of notes or markings made on or
attached to such copy for any other reason).
6. You shall affix to every page of every document that you produce a Bates
number or other unique identifier.
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
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7. Documents shall be produced in such a fashion as to identify the department,
branch, or office in whose possession they were located, where applicable, the natural person in
whose possession they were found and the business address of each document’s custodian(s).
8. All electronically stored information (“ESI”) shall be produced in the following
manner:
Single page .TIF
Color .JPG (documents wherein reflection of importance relies on color shall be
produced in .JPG format)
OCR at document level (all documents are to be provided searchable text (.TXT) files
with the exception of any redacted documents)
E-docs and emails are to be processed and converted from the electronic format to single
page .TIF
All metadata values shall be extracted and produced in a .DAT file (the metadata fields
are described below)
Native documents shall be produced for all non-privileged spreadsheets and databases. A
placeholder .TIF shall be inserted into image folders for documents being produced in
native format. Said placeholder shall read: “NATIVELY PRODUCED DOCUMENT”
Fields for metadata: Metadata to be extracted from email and e-docs:
Field Name Metadata Description
DOCID Image Bates Number
TO To
FROM From
CC CC
BCC BCC
SUBJECT Subject
HEADER Header
FOLDERID Folder ID
FOLDERNAME Folder Name
READ Read
DATECREATED Date Created
DATESAVED Date Saved
DATERCVD Date Received
TIMERCVD Time Received
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
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DATESENT Date Sent
TIMESENT Time Sent
APPLICATION Application
ATTACHRANGE Attachment Range
ATTACHTITLE Attachment Title
ATTACHCOUNT Attachment Count
CUSTODIAN Custodian of Collection
MEDIA E-doc, Email, Attachment
ATTACHID AttachmentBates
IDPARENTID Parent Bates ID
FOLDER Folder Path
FILENAME File Name
AUTHOR File Author
FILETEXT File Extension
HASHCODE MD5 Hash
To the extent reasonably available, the “Custodian,” “Source,” or “Original Path” field with
respect to ESI gathered from an individual’s hard drive shall provide metadata sufficient to
identify the custodian from whose hard drive such ESI has been gathered.
Delivery Formats:
I. Data shall be delivered in Summation-ready format, i.e., DII file including
@FULLTEXT DOC and @DOCLINK (containing path to native file in
deliverable format) for any native documents produced.
II. The .TIF files and extracted .TXT files (OCR) shall be named as the
corresponding DOCID and stored in the same folder named “IMAGES” and
loaded using the industry standard DII file that loads both Image and .TXT files
simultaneously (@FULLTEXTDOC).
III. The file to load the metadata into the above-referenced fields shall be in .DAT.
The first row of the file shall contain the metadata fields in the preferred format
referenced in the table above and shall remain uniform for all files of this type.
IV. The native files shall be stored in a separate folder named “NATIVE FILES” and
shall be loaded through the data in the @DOCKLINK token in the DII file.
V. Method of delivery will be accepted by CD, DVD, external hard drive, or secure
FTP location.
9. Responsive documents that are not produced or that are produced in redacted
form because you claim a privilege must be identified on a privilege log. That log must identify
the grounds for withholding the documents, the date of the documents, the type of document
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
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(e.g., letter, notes, memo, email, etc.), the nature, and subject matter of the document, the authors
or originators, and the addresses or recipients of the document. Any author or recipient who is an
attorney should be noted as such.
10. Unless otherwise indicated, these Requests cover the time period from January 1,
2016 through the present.
REQUEST FOR PRODUCTION OF DOCUMENTS
1. All documents and communications between You and RCG relating to the Merchant
Agreement.
2. All documents and communications relating to the Merchant Agreement.
3. All documents and communications supporting your allegations that “the business [Top 2
Bottom] is and was at all relevant times, a viable and profitable business” in Paragraph 9 of the
Amended Complaint.
4. All documents and communications supporting your allegations that “the business [Top 2
Bottom Construction, Inc.] was looking to expand its operations, and needed funding to procure
additional equipment and hire more employees” in Paragraph 9 of the Amended Complaint.
5. All documents and communications supporting your allegations that “the BORROWER
[Top 2 Bottom Construction, Inc.] had previously taken merchant cash advances, which were
provided to it through two separate brokers” in Paragraph 10 of the Amended Complaint.
6. All documents and communications supporting your allegations that “the brokers
continued to offer more capital at “lower interest rates” through subsequent cash advances that
would repay the BORROWER’s current cash advances as well” in Paragraph 11 of the Amended
Complaint.
7. All documents and communications supporting your allegations that “the LENDER
[RCG] offered a far superior deal than most of the prospective lenders, in that it offered what it
termed a “no recourse loan,” which meant that there would be no ultimate liability to the
GUARANTOR” in Paragraph 12 of the Amended Complaint.
8. All documents and communications supporting your allegations that “the LENDER
offered to have the money provided within days” in Paragraph 13 of the Amended Complaint.
9. All documents and communications supporting your allegations that “the parties entered
into an arrangement where the BORROWER received $35,000.00, less fees of several thousand
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
Page 7
dollars and the remaining “balance” of the prior merchant cash advance” in Paragraph 14 of the
Amended Complaint.
10. All documents and communications supporting your allegations that “the BORROWER
did stop the LENDER from continuing to access its bank account” in Paragraph 17 of the
Amended Complaint.
11. All documents and communications supporting your allegations that Top 2 Bottom
Construction, Inc. “attempted to make arrangements to reduce the payment through the slow
season” in Paragraph 17 of the Amended Complaint.
12. All documents and communications supporting your allegations that RCG refused to
reduce Top 2 Bottom Construction, Inc.’s payments through the slow season as referenced in
Paragraph 17 of the Amended Complaint.
13. All documents and communications relating to the $12,000 paid to RCG as referenced in
Paragraph 18 of the Amended Complaint.
14. All documents and communications supporting your allegations that “the entire
$12,000.00 paid was towar4d the interest on this loan” in Paragraph 19 of the Amended
Complaint.
15. All documents and communications supporting your allegations that RCG “is in the
business of lending money across the nation at usurious rates of interest under the guise of
investing in and purchasing revenue streams” in Paragraph 20 of the Amended Complaint.
16. All documents and communications supporting your allegations that RCG “is a criminal
enterprise” in Paragraph 21 of the Amended Complaint.
17. All documents and communications supporting your allegations that RCG “loaned
$35,000.00, less fees and charged interest at a rate of 133.26%” in Paragraph 28 of the Amended
Complaint.
18. All documents and communications supporting your allegations that “[t]his is not the first
criminally usurious loan the LENDER has made or attempted to collect” in Paragraph 45 of the
Amended Complaint.
19. All documents and communications supporting your allegations that “LENDER was
previously engaged in the same criminally usurious lending practices with MBJD Steel, LLC, a
Florida Company, and its owners, Michael J. Bunnicelli and Joseph M. DiGraziano” in
Paragraph 46 of the Amended Complaint.
20. All documents and communications between Top 2 Bottom Construction, Inc. and
Michael J. Bunnicelli.
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
CASE NO. 2017-CA-8062-O
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21. All documents and communications between Top 2 Bottom Construction, Inc. and Joseph
M. DiGraziano.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via electronic mail through the Florida Court’s E-Portal System to all counsel of record
this 7th day of September, 2018: Samuel Aaron Korab, Esquire, The Ticktin Law Group,
PLLC, Attorneys for Plaintiffs, 270 SW Natura Avenue, Deerfield Beach, Florida 33441-1610.
Serv513@LegalBrains.com; Serv540@LegalBrains.com; Serv512@LegalBrains.com.
DANIELS RODRIGUEZ BERKELEY
DANIELS & CRUZ, P.A.
Attorneys for Defendant, Richmond Capital
Group, LLC
4000 Ponce de Leon Boulevard, Suite 800
Coral Gables, Florida 33146
Telephone No.: (305) 448-7988
Facsimile No.: (305) 448-7978
By: ___/s/ Adam H. Levit, Esq._________
LORNE E. BERKELEY, ESQ.
FBN: 146099
LBerkeley@drbdc-law.com
vmunoz@drbdc-law.com
ADAM H. LEVIT, ESQ.
FBN: 114428
alevit@drbdc-law.com
pcastro@drbdc-law.com
D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z
4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com
T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8
Preview
Filing # 77582462 E-Filed 09/07/2018 12:07:02 PM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-8062-O CIVIL DIVISION: 35 TOP 2 BOTTOM CONSTRUCTION GROUP, INC.; MOHAMED KASSASE, and JUSTIN CRUMP, Plaintiffs, v. RICHMOND CAPITAL GROUP, LLC, Defendant. ___________________________________/ DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF, TOP 2 BOTTOM CONSTRUCTION GROUP, INC. Pursuant to Florida Rule of Civil Procedure 1.350, Defendant, Richmond Capital Group, LLC (“RCG”) requests that Plaintiff, Top 2 Bottom Construction Group, Inc. (“T2B”) produce the following documents and other tangible items at the offices of undersigned counsel within the time prescribed by the Florida Rules of Civil Procedure and the Florida Rules of Judicial Administration. DEFINITIONS 1. “You,” “your,” or “yours”” means Top 2 Bottom Construction Group, Inc. and its employees, members, officers, directors, agents, representatives, attorneys, or any other person acting in cooperation or in concert with Top 2 Bottom Construction Group, Inc, or any person who otherwise acted or is acting on Top 2 Bottom Construction Group, Inc’s behalf. 2. “Justin Crump” means Plaintiff, Justin Crump and its employees, members, officers, directors, agents, representatives, attorneys, or any other person acting in cooperation or D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 2 in concert with Justin Crump, or any person who otherwise acted or is acting on Justin Crump’s behalf. 3. “Mohamed Kassase” means Plaintiff, Mohamed Kassase and its employees, members, officers, directors, agents, representatives, attorneys, or any other person acting in cooperation or in concert with Mohamed Kassase, or any person who otherwise acted or is acting on Mohamed Kassase’s behalf. 4. “Richmond Capital Group, LLC” or “RCG” means Defendant, Richmond Capital Group, LLC and itsemployees, members, officers, directors, agents, representatives, attorneys, or any other person acting in cooperation or in concert with Richmond Capital Group, LLC, or any person who otherwise acted or is acting on Richmond Capital Group, LLC’s behalf. 5. “Merchant Agreement” means the Merchant Agreement dated June 23, 2017 between Merchant Top 2 Bottom Construction Group, Inc. and Richmond Capital Group, Inc., which was personally guaranteed by Justin Crump and Mohamed Kassase. 9. “Third party” refers to any individual or entity that is not a party to this action. 10. “Document” means any writing, recording, electronically stored information or photograph in your actual or constructive possession, custody, care or control, which pertains directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes, or tape recordings, and including all drafts of the foregoing items. 11. Communication” means the transmittal or exchange of information of any kind in any form, including oral, written, or electronic form. D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 3 12. “Relating to” or “referring to” means pertains to, refers to, contains, concerns, describes, embodies, mentions, constitutes, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts, or contradicts. INSTRUCTIONS You shall adhere to the following instructions in responding to these Requests: 1. You must produce all responsive documents and other tangible things in your possession, custody, or control. 2. Each document request shall operate and be construed independently. No individual request limits the scope of any other request. 3. These requests are to be construed in the broadest sense possible. All uses of the conjunctive include the disjunctive and vice versa. Words in the singular include the plural and vice versa; “all” shall include “any” and vice versa; and “each” shall include “every” and vice versa. 4. All documents that in their original form were stapled, clipped, or otherwise attached to other documents should be produced in such form. 5. For each document whose production is requested, produce the entire original document, along with all attachments, appendices, and exhibits, and any copies that are not identical to the original in any respect (whether because of notes or markings made on or attached to such copy for any other reason). 6. You shall affix to every page of every document that you produce a Bates number or other unique identifier. D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 4 7. Documents shall be produced in such a fashion as to identify the department, branch, or office in whose possession they were located, where applicable, the natural person in whose possession they were found and the business address of each document’s custodian(s). 8. All electronically stored information (“ESI”) shall be produced in the following manner: Single page .TIF Color .JPG (documents wherein reflection of importance relies on color shall be produced in .JPG format) OCR at document level (all documents are to be provided searchable text (.TXT) files with the exception of any redacted documents) E-docs and emails are to be processed and converted from the electronic format to single page .TIF All metadata values shall be extracted and produced in a .DAT file (the metadata fields are described below) Native documents shall be produced for all non-privileged spreadsheets and databases. A placeholder .TIF shall be inserted into image folders for documents being produced in native format. Said placeholder shall read: “NATIVELY PRODUCED DOCUMENT” Fields for metadata: Metadata to be extracted from email and e-docs: Field Name Metadata Description DOCID Image Bates Number TO To FROM From CC CC BCC BCC SUBJECT Subject HEADER Header FOLDERID Folder ID FOLDERNAME Folder Name READ Read DATECREATED Date Created DATESAVED Date Saved DATERCVD Date Received TIMERCVD Time Received D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 5 DATESENT Date Sent TIMESENT Time Sent APPLICATION Application ATTACHRANGE Attachment Range ATTACHTITLE Attachment Title ATTACHCOUNT Attachment Count CUSTODIAN Custodian of Collection MEDIA E-doc, Email, Attachment ATTACHID AttachmentBates IDPARENTID Parent Bates ID FOLDER Folder Path FILENAME File Name AUTHOR File Author FILETEXT File Extension HASHCODE MD5 Hash To the extent reasonably available, the “Custodian,” “Source,” or “Original Path” field with respect to ESI gathered from an individual’s hard drive shall provide metadata sufficient to identify the custodian from whose hard drive such ESI has been gathered. Delivery Formats: I. Data shall be delivered in Summation-ready format, i.e., DII file including @FULLTEXT DOC and @DOCLINK (containing path to native file in deliverable format) for any native documents produced. II. The .TIF files and extracted .TXT files (OCR) shall be named as the corresponding DOCID and stored in the same folder named “IMAGES” and loaded using the industry standard DII file that loads both Image and .TXT files simultaneously (@FULLTEXTDOC). III. The file to load the metadata into the above-referenced fields shall be in .DAT. The first row of the file shall contain the metadata fields in the preferred format referenced in the table above and shall remain uniform for all files of this type. IV. The native files shall be stored in a separate folder named “NATIVE FILES” and shall be loaded through the data in the @DOCKLINK token in the DII file. V. Method of delivery will be accepted by CD, DVD, external hard drive, or secure FTP location. 9. Responsive documents that are not produced or that are produced in redacted form because you claim a privilege must be identified on a privilege log. That log must identify the grounds for withholding the documents, the date of the documents, the type of document D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 6 (e.g., letter, notes, memo, email, etc.), the nature, and subject matter of the document, the authors or originators, and the addresses or recipients of the document. Any author or recipient who is an attorney should be noted as such. 10. Unless otherwise indicated, these Requests cover the time period from January 1, 2016 through the present. REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents and communications between You and RCG relating to the Merchant Agreement. 2. All documents and communications relating to the Merchant Agreement. 3. All documents and communications supporting your allegations that “the business [Top 2 Bottom] is and was at all relevant times, a viable and profitable business” in Paragraph 9 of the Amended Complaint. 4. All documents and communications supporting your allegations that “the business [Top 2 Bottom Construction, Inc.] was looking to expand its operations, and needed funding to procure additional equipment and hire more employees” in Paragraph 9 of the Amended Complaint. 5. All documents and communications supporting your allegations that “the BORROWER [Top 2 Bottom Construction, Inc.] had previously taken merchant cash advances, which were provided to it through two separate brokers” in Paragraph 10 of the Amended Complaint. 6. All documents and communications supporting your allegations that “the brokers continued to offer more capital at “lower interest rates” through subsequent cash advances that would repay the BORROWER’s current cash advances as well” in Paragraph 11 of the Amended Complaint. 7. All documents and communications supporting your allegations that “the LENDER [RCG] offered a far superior deal than most of the prospective lenders, in that it offered what it termed a “no recourse loan,” which meant that there would be no ultimate liability to the GUARANTOR” in Paragraph 12 of the Amended Complaint. 8. All documents and communications supporting your allegations that “the LENDER offered to have the money provided within days” in Paragraph 13 of the Amended Complaint. 9. All documents and communications supporting your allegations that “the parties entered into an arrangement where the BORROWER received $35,000.00, less fees of several thousand D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 7 dollars and the remaining “balance” of the prior merchant cash advance” in Paragraph 14 of the Amended Complaint. 10. All documents and communications supporting your allegations that “the BORROWER did stop the LENDER from continuing to access its bank account” in Paragraph 17 of the Amended Complaint. 11. All documents and communications supporting your allegations that Top 2 Bottom Construction, Inc. “attempted to make arrangements to reduce the payment through the slow season” in Paragraph 17 of the Amended Complaint. 12. All documents and communications supporting your allegations that RCG refused to reduce Top 2 Bottom Construction, Inc.’s payments through the slow season as referenced in Paragraph 17 of the Amended Complaint. 13. All documents and communications relating to the $12,000 paid to RCG as referenced in Paragraph 18 of the Amended Complaint. 14. All documents and communications supporting your allegations that “the entire $12,000.00 paid was towar4d the interest on this loan” in Paragraph 19 of the Amended Complaint. 15. All documents and communications supporting your allegations that RCG “is in the business of lending money across the nation at usurious rates of interest under the guise of investing in and purchasing revenue streams” in Paragraph 20 of the Amended Complaint. 16. All documents and communications supporting your allegations that RCG “is a criminal enterprise” in Paragraph 21 of the Amended Complaint. 17. All documents and communications supporting your allegations that RCG “loaned $35,000.00, less fees and charged interest at a rate of 133.26%” in Paragraph 28 of the Amended Complaint. 18. All documents and communications supporting your allegations that “[t]his is not the first criminally usurious loan the LENDER has made or attempted to collect” in Paragraph 45 of the Amended Complaint. 19. All documents and communications supporting your allegations that “LENDER was previously engaged in the same criminally usurious lending practices with MBJD Steel, LLC, a Florida Company, and its owners, Michael J. Bunnicelli and Joseph M. DiGraziano” in Paragraph 46 of the Amended Complaint. 20. All documents and communications between Top 2 Bottom Construction, Inc. and Michael J. Bunnicelli. D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8 CASE NO. 2017-CA-8062-O Page 8 21. All documents and communications between Top 2 Bottom Construction, Inc. and Joseph M. DiGraziano. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via electronic mail through the Florida Court’s E-Portal System to all counsel of record this 7th day of September, 2018: Samuel Aaron Korab, Esquire, The Ticktin Law Group, PLLC, Attorneys for Plaintiffs, 270 SW Natura Avenue, Deerfield Beach, Florida 33441-1610. Serv513@LegalBrains.com; Serv540@LegalBrains.com; Serv512@LegalBrains.com. DANIELS RODRIGUEZ BERKELEY DANIELS & CRUZ, P.A. Attorneys for Defendant, Richmond Capital Group, LLC 4000 Ponce de Leon Boulevard, Suite 800 Coral Gables, Florida 33146 Telephone No.: (305) 448-7988 Facsimile No.: (305) 448-7978 By: ___/s/ Adam H. Levit, Esq._________ LORNE E. BERKELEY, ESQ. FBN: 146099 LBerkeley@drbdc-law.com vmunoz@drbdc-law.com ADAM H. LEVIT, ESQ. FBN: 114428 alevit@drbdc-law.com pcastro@drbdc-law.com D A N I E L S R O D R I G U E Z B E R K E L E Y D A N I E L S C R U Z 4000 PONCE DE LEON BOULEVARD, SUITE 800, CORAL GABLES, FL 33146 www.drbdc-law.com T : 3 0 5 .4 4 8 . 7 9 8 8 F : 3 0 5 .4 4 8 . 7 9 7 8 T O L L F R E E : 8 8 8 .4 4 8 . 7 9 8 8