FILED: NEW YORK COUNTY CLERK 11/03/ :06 PM INDEX NO /2016 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/03/2016

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1 FILED: NEW YORK COUNTY CLERK 11/03/ :06 PM INDEX NO /2016 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/03/2016 ELLENBERG & PARTNERS, LLP Frederick R. Dettmer, Esq. Of Counsel 494 Eighth Avenue, 7th Floor New York, New York Attorneys for Defendants SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK J( ADAM BAUMAN and BLUE SEABREEZE LLC Plaintiffs -against- INDEX NO.: /2016 TAKA YOSHI OSHIMA, ALLIED TELESIS INC., ALLIED TELESIS HOLDINGS K.K., NIK PAREKH, YOSHIO GOHARA, BARNARD BAUTISTA and ASHIT PADW AL Defendants J( EXHIBIT A To the Affirmation of Frederick R. Dettmer In Support of Defendants' Motion to Dismiss Pursuant to CPLR 3211(a)(1) & (3) & (7) & (8) SUMMONS AND COMPLAINT, WITH EXHIBITS THERETO

2 IFILED: NEW YORK COUNTY CLERK 09/13/ :38 pij NYSCEF DOC. NO. 1 INDEX NO /2016 RECEIVED NYSCEF: 09/13/2016 (Print in black Ink all amas in bokj letters, This summons must be MfVed with a eornplalnt,] SUPREME COURT OF THE STATE OF NE'N Y~ COUNTY OF NE'N YORK ~ x Adam Bauman, Blue seabreeze LLC SUMMONS Takayoshi Oshima, Allied Telesis Inc., Allied Telesis Holdings KK. Nik Parekh, Yosbio Gohara, Barnard Bautista, Ashu PadwaI September To the Named as Dafendant(s) above; PlEASE TAKE NOTICE THAT YOU ARE SUMMONED to answerthe compiaint of the herein at the.tlitlt,ra " indicated below within 20 after service of this Summons of service or within 30 if the Summons is not delivered ""'",'<>1'\."""11,,, to you within the State of New Yoric YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a Judgment will be entered you by default for the relief demanded in the complaint. Dated: September 13 (date Of summons) 16 [sign your name] Adam Baumaa, Blue Seabreeze LLC [print your #3R name] New Phone (646) Dehmdant(s) Takayoshi Oshima Allied Telesis Inc. Allied Telesis Holdings KK. Nik Parekh Ycshio Gohara Bernard Bautista Ashit Padwal [addren(es)of party being suecq 3401 Orchard Parkway, San Jose. CA Phone (408) s Venue: Plaintiff(s) designate(s) New York County as the [check box that applies] )( Plaintiff's(s') residence in New York County tl Defendant's(s') residence!n New York County Q Other [See CPLRArtlc!e 5): ~ _ of trial. The bash,~of this designation IS: Commencencticn - 1/ of 4

3 The nature of this action is (briefly describe the natum of your CasEIagainst the defendam(s), such as,!:>machof contract, negligence); Breach of contract, conspiracy to defraud. The relief sought is [briefly describe the kind of mllef you am asking for, such as money damages of $25,000] Contractual consulting services, delivered but unpaid $105, Liquidated damages due to unilateral deal abandonment without notice $200, Punitive damages, character assassination, reputational risk with large existing clients $200, Should defandant(s) fail to appear herein or demand a complaint, judgment'll HIbe entered by default for the sum of $505, [amoum of money demanded) with interest from the data of November 20, 2015 from w hieh imemst on the amount demanded is claimed] and the costs of this action. Plaintlff(s) designate New as the place of trial, The basis of this delegation is [check box that appfies]: )( ) residence in New York County n residence In New Vork t:l Other [See CPlR Article 5}: _ -:)- 2 of 4

4 Supreme Court of the State of New York County of New York Index No Plaintiff, Adam Bauman, Blue Seabreeze LLC Defendant, Takayoshi Oshima, Allied Telesis Inc., Allied Telesis Holding K.K., Nik Parekh, Yoshio Gohara, Bernard Bautista, Ashit Padwal. TO THE SUPREME COURT OF THE STATE OF NEW YORK The complaint of the plaintiff Adam Bauman, Blue Seabreeze LLC, respectfully shows and alleges as follows: 1. A services consulting contract was signed and countersigned between plaintiff company and defendant(s) on November 20,2015 (please see EXHIBIT THREE). 2. Plaintiff delivered consulting services per signed contract. Even after fulfilling services, plaintiff was not compensated per signed contract, and thereby damaged through non-payment of$105,000 in unpaid professional consulting fees (please see EXHIBITS ONE and TWO). 3. Despite delivering as proscribed in signed contract, defendant defrauded plaintiff and walked away with no notice, leaving huge reputational damages, very high opportunity cost (in choosing this contract instead of others) and damage to the relationship between plaintiff and a significant client. For a small business with a fixed operating cost, defendant's actions were tantamount to a death sentence as the consultants working on this project had to be paid regardless. Liquidated damages are in excess of $200, and punitive reputational damages in excess of $200, By reason of the facts and circumstances stated above, defendant(s) have breached the contract. -Against of 4

5 5. By reason of the facts and cirsumstances stated above, and included as EXHIBITS ONE, TWO and THREE, plaintiff has been damaged by defendant(s) in the sum of$505, plus interest from November 20,2015, costs and disbursements, together with any other relief the court finds to be just and proper. Dated September 13,2016. A,~~ Plaintiff Adam Bauman, Blue Seabreeze LLC 30 East End Avenue # 3R New York, NY Supreme Court of the State of New York County of New York -tf- 4 of 4

6 IFILED: NEW YORK COUNTY CLERK 09/13/ :38 pij NYSCEF DOC. NO. 3 Blue SeabreezeLLC 30 East End Avenue Suite # 3R NY Bill To: Allied Telesis Holdings K.K. 2nd TOC Bldg Nishi-Gotanda Shinagawa-ku Tokyo Japan r PAST DUE INDEX NO /2016 RECEIVED NYSCEF: 09/13/2016 Invoice Invoice #: ATHKK-0002 Invoice Date: 8/1/2016 Due Date: 8/16/2016 Item Description Date Amount Consultation Financial Consulting Services - Abbas Shah (per signed May 20, , Consultation Financial Consulting Services - Abbas Shah (per signed June 20, , Consultation Financial Consulting Services - Abbas Shah (per signed July 20, , Consultation Financial Consulting Services - Abbas Shah (per signed August 20, , Wiring information Beneficiary = Blue Seabreeze LLC SWIFT Code BOFAUS3N Routing number = Acct # = Bank = Bank of America st Avenue New York, NY USA Phone Total $60, Payments/Credits $0.00 -s- Balance Due $60,000.00

7 IFILED: NEW YORK COUNTY CLERK 09/13/ :38 PMI NYSCEF DOC. NO. 4 Blue Sea breeze LLC 30 East End Avenue Suite # 3R NY Bill To: Allied Telesis Holdings K.K. 2nd TOe Bldg Nishi-Gotanda Shinagawa-ku Tokyo Japan INDEX NO /2016 RECEIVED NYSCEF: 09/13/2016 Invoice Invoice #: ATHKK-0003 Invoice Date: Due Date: 8/16/2016 Item Description Date Amount Consultation Consultation Consultation Financial Consulting Services - Abbas Shah (per signed Financial Consulting Services - Abbas Shah (per signed Financial Consulting Services - Abbas Shah (per signed September 20, 2016 October 20, 2016 November 20, , , , Wiring information Beneficiary = Blue Seabreeze LLC Routing number = Acct # = Bank = Bank of America st Avenue New York, NY Phone Total $45, Payments/Credits $0.00 Balance Due $45,000.00

8 FILED: NEW YORK INDEX NO /2016 NYSCEF DOC. NO. 2 Blue Seabreeze RECEIVED NYSCEF: 09/13/2016 November 20,2015 This Consulting Agreement (the "Agreement") is entered into by and between Allied Telesis Holdings K.K., (the "Company"), and Blue Seabreeze LLC (the "Consultant"); together (the "Parties") or separately (the "Party"). Terms Consultant to provide the following consulting services: Financing. Consultant will provide the best options for Company to secure short-term and long-term financing, and reasonable best efforts for financing. Sales. Consultant will filter sales opportunities to the Company, including high--level introductions to Corporations and government leaders.» Any contacts which result in sales or financing for the Company through Consultant's efforts will require the Company to pay a consulting feeof)io to C ulta~» All sales deals or financing which result from C~ltfltant s contacts will survive the termination of this Agreement. Comorate. Consultant will provide consulting expertise on future spinoffs; funding and corporate restructuring, including taking Company private..... fcl\.- q f).~~,&'~~ ki'-' Compensation. The Company will provide an initial retainer of 1lfL..rk.. and, subsequently, a monthly retainerof#/.j""/;/ m " to Consultant for a 1(one) year period) which shall be offset by earned consulting fees resulting fr;m proposed deliverables, Payment to be made no later than the 3rd (third) day of each month. a Mutual Termination. Either Party may terminate this Agreement with 60 (sixty) days'notice to the other Party after 6 (six) months from the date of initial execution of the Agreement. Upon termination, each Party agrees to release the other Party free and clear of any liabilities and obligations. However, notwithstanding the foregoing, the "Sales" clause above shall survive the termination of this Agreement. The Parties have executed this Agreement on the respective dates set foith below. Allied Telesis Holdings K.K. (the Company) By:?iJkfl)'OSIT/ USIf/hif Name: ~d~ {(l4~ Title: C, IE. tj. Address:.;zJfb TOc Ower. '7-2../.-// 1II;.t~(fC!..faNM,.>'#(NIf-~ffw AI *7 TeK;r#.7Itfi'1Y, lq../~ Pa31 Date: '><'I'd No t/.e o ~ f.:2 0 I,~-- Blue SeabreezeLLC By: Name: Title: Address: (the Consultant) S. i(-;a H Date: Telephone: 917~ Fax: shah.abbas31@gmail.com cr- f).- 30 East End Ave., Suite 3R New York. NY 10028