FILED: NEW YORK COUNTY CLERK 12/15/ :09 AM INDEX NO /2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/15/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X X Index /2017 SCOTT KRAUSE,. DEFENDANT'S FIRST Plaintiff,. NOTICE FOR DISCOVERY AND INSPECTION -against-. HOMEPEOPLE CORPORATION. d/b/a ROMIO.COM and ROMIO, INC X Defendants.. Defendants HomePeople Corporation and Romio Inc, by their attorneys, Newman 4 Morrison, LLP, as and for their first notice for discovery and inspection, demands pursuant to Article 31 of the New York (" Civil Practice Laws & Rules that Plaintiff, Scott Krause ("Plaintiff") produce the following documents for inspection and copying as well as the interrogatories provided below at the offices of Newman & Morrison, LLP, 44 Wall Street, 12th Floor, New York, NY within 20 days of the service of this First Notice of Discovery and Inspection for a Request for Production and Interrogatories set forth herein. INSTRUCTIONS A. This Request for Production is a continuing request. You shall promptly produce any and all additional documents that are received, discovered or created after the time of the initial production. B. This Request for Production seeks, among other things, the discovery of electronically stored information ("ESI") and . An appropriate search of ESI and ordinarily requires an electronic search utilizing specific search terms and other parameters and should cover appropriate custodians. At a minimum, Scott Krause and any entity through which he conducts his business (collectively, "Krause") are custodians whose ESI, accounts, and social media accounts, as well as ESI, accounts or social media accounts to which they have access, and those used by others at Page 1 of 15 1 of 15

2 their direction, as well as all computers they used or had access, and those used by others at their direction, as well as all computers they used or had access to, or others used at their direction, and other se rvers and back-up systems, must be searched. In addition, all computer systems used by Krause any time from January 1, 2001 to date (the Frame" "Time Frame") including, but not limited to, any work or personal computers, mobile devices, tablets, portable or external hard drives or any cloud-based storage systems must be searched. The search is applied across all servers, computer based storage systems must be searched. The search is applied across all servers, computer systems, and back-up systems. A visual review of a custodian's social media accounts, systems, back-up accounts, hard drives or cloud storage is not sufficient. C. This Request for Production applies to all documents in your possession, custody or control, and includes documents within the possession, custody or control of custody your partners, employees, agents, attorneys and representatives, wherever located. D. If you object to any request in part, you shall produce all responsive documents to which the objection does not apply. E. If any documents are withheld from production on the alleged grounds of privilege or immunity (whether under common law, statute, or otherwise), each such document is to be identified by stating: (a) the identity of each person who prepared and/or signed the document (b) the identity of each person designated as an addressee; (c) the identity of each person who received any copy of the document; (d) the date of the document; (e) the subject matter of the document; (f) the type of document; and (g) the basis for withholding the document. F. If a document contains both privileged and non-privileged material, the non- privileged material must be disclosed to the fullest extent possible without thereby disclosing the privileged Page 2 of 15 2 of 15

3 material. If a privilege is asserted with regard to part of the privileged material contained in a document, the party claiming the privilege must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or portions as to which the privilege is claimed When a document has been redacted or altered in any fashion, identify as to each document the reason for the redaction or altered in any fashion, identify as lo each document the reason for the redaction or alteration, the date of the redaction or alteration, and the person performing the redaction or alteration. Any redaction must be clearly visible on the redacted documents. G. In the event that any document called for by this Request for Production has been destroyed or discarded, that document is to be identified by stating: (a) the identity of each person who prepared and/or signed the document; (b) any address or any addressee; each person who prepared and/or signed the document; (c) any indicated or blind copies; (d) the document's date, subject matter, number of pages, and attachments or appendices; (e) all persons to whom the document was distributed, shown or explained; (f) its date of destruction or discard, manner of destruction or discard, and reason for destruction or discard; (g) the persons who authorized and carried out such destruction or discard; and (h) whether any copies of the document presently exist and, if so, the name of the custodian of each copy. H. Any copy of a document that varies in any way whatsoever from, the original or from any other copy of the document, whether by reason of handwritten or other notation or any omission, shall constitute a separate document and must be produced, whether or not the original of such a document is within your possession, custody or control. A request for any document shall be deemed to include a request for all drafts thereof, and all revisions and modifications thereto, including any red-lined versions or document comparisons, in addition to the document itself. Each document is to be produced in its entirety, without abbreviation or expurgation. Page 3 of15 3 of 15

4 I. In producing documents, all documents that are physically attached to each other when located for production shall be left so attached. Documents that are segregated or separated from other documents, whether by inclusion of binders, files, sub-files or by use of dividers, tabs, or any other method, shall be left so segregated or separated. Documents shall be retained in the order in which they were maintained and in the file where found. If no documents exist that are responsive to a particular request, you shall so state in writing. J. ESI must be produced in electronic form in an intelligible format to be agreed upon by the parties. K. The Time Frame for these requests is any time from January I, 2015 to date. DEFINITIONS A. Whenever appropriate, the singular form of a word includes the plural and vice versa, female pronouns and their possessive forms include their male counterparts and vice versa, and the terms "and" and "or" shall be construed either counterparts disjunctively or conjunctively, as necessary, as to bring within the scope of the requests all documents that might otherwise arguably be construed as outside the scope of the requests. The word "any" includes and encompasses the words "each" and "all". B. As used herein, the term "document" is defined broadly to be given the full scope of that term and means any and all tangible things and documents, whether handwritten, printed, typed or otherwise visually reproduced or electronically recorded, including all originals, copies, non-identical copies and drafts, red-lined versions, or document comparisons, regardless of the medium in which or on which they are produced, reproduced, or stored (including, but not limited to, computer programs and files containing any requested information), specifically including, but not limited to: ESI, social media Page 4 of 15 4 of 15

5 information, messages and downloads of social media activity, , electronic funds transfers, wire transfers, instant messages, text messages, digital pictures or movies or films, Power-Points, Excel spreadsheets,.pdfs, agreements, communications, including intracompany communications; facsimile transmissions; telephone bills and records; telephone bills and records; cables; records; books; summaries or records of personal conversations or interviews; forecasts; statistical statements; accountants' work papers including Working Papers; brochures; pamphlets; circulars; press releases; contacts; telephone messages, slips and logs; diary entries; electronic mail; calendars; reports; evaluations; assessments; analyses; test results; correspondence; memoranda; notes; videotapes; video cartridges; audio tapes; electronic or magnetic recordings of any kind; drawings; graphics; graphs; maps; diagrams; charts; photographs; computer diskettes, thumb drives, external hard drives, disks, other removable media and hard drives; tables; indices; recordings; tapes; microfilms; minutes or records of meetings; reports of investigations; opinions or reports of consultants; and any other data compilation from which information can be obtained through detection devices into reasonably usable form. C. As used herein, "concerning" means relating to, referring to, according to, describing, discussing, evidencing, explaining, supporting, contradicting, or constituting. D. As used herein, "communication" means every manner of transmitting or receiving facts, information, thoughts or opinions, whether written, oral or by any other means, including, but not limited to, all memoranda, notices of meetings, including, but not limited to, all memoranda, notices of meetings, conversations by telephone calls, records of conversations or messages, whether in writing or upon any mechanical, electrical or electronic recording device, and oral conversations. E. As used herein, "person" means any natural person or any business, legal, or governmental entity or association. Page 5 of 15 5 of 15

6 F. As used herein "Agreement" means the agreement Krause alleges was entered into by Defendants and any other agreement between the parties Krause was entered into by the parties to create the binding obligations alleged. G. As used herein, the "Companies" means defendants HomePeople Corporation and Romic, Inc. together with, together with any stockholders, sales representatives, agents (including attorneys, accountants and consultants), officers, directors employees, representatives, any person purporting to act on his or its behalf, divisions, affiliates, subsidiaries, predecessor and successor entities, acquired H. As used herein "Krause" means Plaintiff Scott Krause and any entity through which he conducts his business, together with any members, sales representatives, agents (including attorneys, accountants and consultants), officers, directors, employees, representatives, any person purporting to act on his or its behalf, divisions, affiliates, subsidiaries, predecessor and successor entities, acquired. I. As used herein, Service Provider means any Person with whom Krause communicated in the course of provision of the Services together with, together with any of their respective stockholders, sales representatives, agents (including attorneys, accountants and consultants), officers, directors employees, representatives, any person purporting to act on his or its behalf, divisions, affiliates, subsidiaries, predecessor and successor entities, acquired. J. As used herein, "Services" means the services and work Krause was obligated to perform for the Companies as set forth and defined in any Agreement. REQUEST FOR PRODUCTION 1. All documents concerning any allegations in the Verified Complaint. 2. All documents Krause intends to offer into evidence or otherwise use in mediation or trial. Page 6 of 15 6 of 15

7 3. Any and all documents in Krause's position concerning, reflecting or referring to either or both of the Companies. 4. Any and all documents reelecting or referring to correspondence from or to either of the Companies 5. All documents reflecting or referring or relating to notes of any conversations between Krause and either of the Companies. 6. Any and all documents in Krause's position concerning, reflecting or referring to any Service Provider. 7. All documents reflecting or referring or relating to notes of any conversations between Krause and any Service Provider. 8 Documents consisting of any and all receipts, statements, copies of checks, and any and all such other documentation establishing any and all payment(s) made to plaintiff, and receipt of same by plaintiff, whether for wages, bonuses, miscellaneous compensation, and particularly, reimbursement for expenses 9. A copy of any Agreement referred to in the Verified Complaint. 10. All documents proving Companies agreed to providing Krause health insurance. 10. All documents evidencing how Plaintiff arrived at the figure of $145, plus the fair market value of twenty-three months of health insurance for an alleged money judgement in Paragraph 29 of the Verified Complaint. 11. All documents with Krause's clients during the Time Frame pertaining to any complaints, criticisms, or warnings concerning Krause's work for such clients. Page 7 of 15 7 of 15

8 INTERROGATORIES All of the instructions and definitions applying to Request for Production shall apply to the production of responses to interrogatories, unless supervened by any of the additional instructions and definitions that follow INSTRUCTIONS 1. Pursuant to CPLR (b), these Interrogatories shall be answered in writing under oath. 2. Each Interrogatory and each subpart of each Interrogatory shall be given a separate answer. Each answer shall set forth verbatim the Interrogatory to which it is responsive. Interrogatories or subparts thereof shall not be combined for the purpose of supplying a common answer. The answer to an Interrogatory or subpart thereof shall not be supplied by referring to the answer of another Interrogatory or subpart thereof, unless the Interrogatory or subpart referred to supplies a complete and accurate answer to the Interrogatory or subpart thereof being answered. 3. Where a document is supplied in response to an Interrogatory set forth by number and subparagraph the Interrogatory in response to which it is supplied. 4. To the extent an Interrogatory asks Defendants to identify a document, Defendant shall set forth the following: (a) type of document; (b) its general subject matter; (e) the date of the document; (d) the author(s), address(es) and recipient(s); and (e) its current whereabouts. 5. As to any document which you are asked to identify, which is not in your possession or subject to your control, but which you know to exist, identify such document and indicate to the best of your ability its present or last known location and custodian. 6. To the extent an Interrogatory asks Defendants to identify a communication, Defendants shall set forth the following: (a) the method and mode of such communication, (e.g., in-person conversation, telephone conversation, letter, facsimile, , etc... ); (b) the date of such Page 8 of 15 8 of 15

9 communication; (e) the party or parties to such communication; and (d) the sum and substance of the communication, (i.e., an expression of the communication as close to verbatim as possible). 7. To the extent an Interrogatory asks Defendants to identify a person or persons, Defendants should provide, to the extent known: (a) the person's full name; (b) the person's present or last known address; and when referring to a natural person (c) the person's present or last known place of employment. 8. To the extent Defendants wish to interpose an objection to any Interrogatory, the reasons for the objection shall be stated with reasonable particularity as required by CPLR 3133 (a). 9. If a privilege is asserted as a ground for objecting to or otherwise not responding to an Interrogatory in whole or in part describe the factual basis for the claim of privilege in sufficient detail so as to permit the Court to adjudicate the validity of the claim of privilege. 10. As set forth in CPLR 3133(c), except with respect to amendment or supplementation of responses pursuant to CPLR (h), answers to these Interrogatories may be amended or supplemented only by order of the Court upon motion. DEFINITIONS 1. The term "Identify all Persons" shall be interpreted in its broadest sense and means specifically setting forth each responsive individual's name, their last known address, and all known telephone numbers where that individual can possibly be reached. 2 The term "electronically recorded" means any deviation of electronic 3. When referring to a person, "identify" person' means to give, to the extent known, the person's full name, present or last known address, and present or last known telephone number, and when referring to a natural person, additionally, the present or last known place of Page 9 of 15 9 of 15

10 employment and title. 4. When referring to a document, "identify" means to state a brief description of the document, including the sender(s), recipient(s), author(s), date(s), and/or title(s) of the document; a general description of the subject matter of the document; the custodian of the document; and the location of the document. INTERROGATORIES 1. State your full name and state any and all other names that you have ever used or by which you have ever been known 2. State any business name you do business under at any time during the Time Frame. 3. State whether you have been a party to a civil lawsuit. If so please provided the nature of the claim, caption of the lawsuit and the court in which the action was commenced. 4. Do you have liability insurance, or are you aware of any other form of indemnity or bond, through which you were or might be insured in any manner for the damages, claims, or actions that are subject of the Defendants' counterclaims? If you answered "Yes," please provide the following information for each policy: (a) the kind of insurance, indemnity or bond; (b) the name of the company or companies, including any excess or umbrella carriers, which you claim provide coverage; (e) the policy number or policies numbers of any applicable policy; (d) the limit or limits of liability of each policy; (e) the named insured of each policy; and (f) whether the insurance carrier has accepted or denied coverage. 5. State the names, addresses, primary contacts and phone numbers of all of the customers you have provided consulting services to during the Time Period. 6. Provide a description of all projects you have been retained as a consultant or as an employee developing systems or applications. Page 10 of of 15

11 7. Identify in writing all relevant skills related to the Services under the Agreement you possessed during the Time Period. 8. Set forth in writing all of the names addresses and phone numbers of all third party vendors with whom you contracted or worked with on behalf of yourself or the Defendants in connection with the provisions of Services under the Agreement. 9. Do you contend there were acts of commission or omission on the part of Defendants to render the Agreement breached? If so, for each contention describe and specifically identify the acts of commission or omission. 10. Set forth, in writing, the names and addresses of all eyewitnesses to the occurrence or condition that gives rise to this lawsuit. 11. Set forth, in writing, the names and addresses of all witnesses known to have firsthand knowledge of the occurrence or condition that gives rise to this lawsuit. 12 Set forth, in writing, the names and addresses of all witnesses known to have firsthand knowledge of the occurrence(s), condition(s), and/or circumstances that give rise to each and every claim asserted by Plaintiff in Plaintiffs Verified Complaint 13. Identify all persons with whom the person executing the answers to these Interrogatories consulted in preparation of such answers and specify as to which interrogatory such person rendered assistance. PLEASE TAKE FURTHER NOTICE that this is a continuing demand and you are required to furnish to the undersigned any information responsive to these demand that may be obtained in the future. PLEASE TAKE FURTHER NOTICE that the undersigned will object at trial to the testimony of any witnesses not identified pursuant to the demands herein and will further object to the use of any Page 11 of of 15

12 statement, document, record, photograph or material not furnished pursuant to the demands contained herein. Page 12 of of 15

13 Dated: New York, New York December 14, 2017 Newman 4 rr son, LLP Ro N wman, Esq. TO: LAW OFFICES OF JEFFERY S. KIMMEL Jeffery S. Kimmel, Esq. Attorney for Plaintiff 1640 Vauxhall Road, Suite 2F Union, NJ Page 13 of of 15

14 AFFIRMATION OF SERVICE Robert Newman, Esq. hereby states that he is over the age of 18 and resides in Westchester County, NY and states under the penalties of perjury that on Thursday, December 14, 2017, he served the DISCOVERY DEMANDS contained herein upon: LAW OFFICES OF JEFFERY S. KIMMEL Jeffery S. Kimmel, Esq. Attorney for Plaintiff Scott Krause 1640 Vauxhall Road, Suite 2F Union, NJ via U.S. mail by depositing a true and correct copy of same enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York to the above address. Dated: New York, New York Decem r 14, 2017 ///.I ( Robert Newman, Esq. Page 14 of of 15

15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X SCOTT KRAUSE,. Index # /2017 Plaintiff,. -against-. HOMEPEOPLE CORPORATION. d/b/a ROMIO.COM and ROMIO, INC. Defendants X. ================================================================ DEFENDANT'S FIRST NOTICE FOR DISCOVERY AND INSPECTION ================================-=============================== NEWMAN & MORRISON, LLP Robert Newman, Esq. 44 Wall Street New York, NY (917) Page 15 of of 15