Gary Hodge and Robert Hart III v. Stephen Kraft Ind. and as Member on Behalf of Grupo Habanero LLC ( 2015 )

R:\13598.0001\pleadings\discovery\sent\plts RFA to def- Gary Hodge.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225th JUDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT GARY HODGE
TO: GARY HODGE, Defendant, by and through his attorneys of record, Roderick J. 'Rod'
Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs"), in the above-styled and numbered cause and serves their
Request for Admissions on the Defendant, GARY HODGE, pursuantto Rule 198 ofthe Texas Rules
of Civil Procedure and request that Defendant files his responses within thirty (30) days after the
service of these requests.
Plaintiff requests that GARY HODGE specifically admits or denies each of the following
numbered statements. You are advised that a failure to specifically answer any requests, or an
evasive answer to any request may be taken as an admission of the truth of such request pursuant
to Texas Rules of Civil Procedure 215 (4)(a). Additionally, the Court finds that a party fails to
admit a request for admission or proof at trial demonstrates that the request for admission should
have been admitted, STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC may be entitled to reasonable expenses incurred in making such proof
pursuant to Texas Rules of Civil Procedure 215 (4)(c).
EXHIBIT
I
Respectfully submitted,
ESPEY & ASSOCIATES, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (210) 404-0333
Telecopier: ~
By: ~ Q_(}
RICHARD W. ESPEY
State Bar No. 06667580
respey@lawespey.com
MATTHEW B. SOLIDAY
State Bar No. 24079367
msoliday@lawespey.com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
lNDIVIDUALL Y AND AS A MEMBER ON BEHALF OF GRUPO
HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEW B. SOLIDAY
PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT GARY HODGE
REQUEST FOR ADMISSION NO 1: Admit that the letter attached to Plaintiffs' Original
Petition as "Exhibit B", was not hand delivered to Plaintiff Stephen Kraft.
ANSWER
REQUEST FOR ADMISSION NO 2: Admit that you were aware on July 3, 2014 that Plaintiff
Stephen Kraft's correct address is 1115 Birch Hill, San Antonio, TX 78232.
ANSWER
REQUEST FOR ADMISSION NO 3: Admit that the letter attached to Plaintiffs' Original
Petition as "Exhibit B" was not sent to Plaintiff Stephen Kraft by certified mail, return receipt
requested.
ANSWER
REQUEST FOR ADMISSION NO 4: Admit that prior to July 3, 2014, you had received notice
in writing from Plaintiff Stephen Kraft that his correct address is 1115 Birch Hill, San Antonio,
TX 78232.
ANSWER
R:\13598.0001\pleadings\discovery\sent\plts RFA to def- Robert Hart.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225th mDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HART III
TO: ROBERT HART III, Defendant, by and through his attorneys of record, Roderick J.
'Rod' Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs"), in the above-styled and numbered cause and serves their
Request for Admissions on the Defendant, ROBERT HART III, pursuant to Rule 198 of the Texas
Rules of Civil Procedure and request that Defendant file his responses within thirty (30) days after
the service of these requests.
Plaintiff requests that ROBERT HART III specifically admits or denies each of the
following numbered statements. You are advised that a failure to specifically answer any requests,
or an evasive answer to any request may be taken as an admission of the truth of such request
pursuant to Texas Rules of Civil Procedure 215 (4)(a). Additionally, the Court finds that a party
fails to admit a request for admission or proof at trial demonstrates that the request for admission
should have been admitted, STEPHEN KRAFT, Individually and as a member on behalf of
GRUPO HABANERO, LLC may be entitled to reasonable expenses incurred in making such proof
pursuant to Texas Rules of Civil Procedure 215 (4)(c).
Respectfully submitted,
ESPEY & AsSOCIATES, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (210) 404-0333
Telecopi~04-0336
By: "-- IC:6
RICHARD W. ESPEY
State Bar No. 06667580
respey@lawespey.com
MATTHEWB. SOLIDAY
State Bar No. 24079367
msolidav@lawespey.com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
INDIVIDUALLY AND AS A MEMBER ON BEHALF OF GRUPO
HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
compliance with Rules 21 and 21a ofthe Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEWB. SOLIDAY
PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HART III
REQUEST FOR ADMISSION NO 1: Admit that the letter attached to Plaintiffs' Original
Petition as "Exhibit B", was not hand delivered to Plaintiff Stephen Kraft.
ANSWER
REQUEST FOR ADMISSION NO 2: Admit that you were aware on July 3, 2014 that Plaintiff
Stephen Kraft's correct address is 1115 Birch Hill, San Antonio, TX 78232.
ANSWER
REQUEST FOR ADMISSION NO 3: Admit that the letter attached to Plaintiffs' Original
Petition as "Exhibit B" was not sent to Plaintiff Stephen Kraft by certified mail, return receipt
requested.
ANSWER
REQUEST FOR ADMISSION NO 4: Admit that prior to July 3, 2014, you had received notice
in writing from Plaintiff Stephen Kraft that his correct address is 1115 Birch Hill, San Antonio,
TX 78232.
ANSWER
R:\13598.0001 \pleadings\discovery\sent\plts ROGs to def- Gary Hodge.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225 1h mDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' FIRST SET OF INTERROGATORIES
TO DEFENDANT GARY HODGE
TO: GARY HODGE, Defendant, by and through his attorneys of record, Roderick J. 'Rod'
Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs") in the above-styled and numbered cause, and serves the attached
interrogatories on the Defendant, GARY HODGE, pursuant to Ru1e 197 of the Texas Rules of Civil
Procedure. Such interrogatories shall be answered separately and fully, in writing, under oath, and be
signed by the party providing the answers or its attorney. The answers to the interrogatories shall be
returned to Plaintiffs on the first business day after the expiration of thirty (30) days after service of
said interrogatories. You are further notified that Plaintiffs ask that you also comply with that part of
Rule 193.5 which reads:
"If a party learns that the party's response to written discovery was incomplete or
incorrect when made, or, although complete and correct when made, is no longer
complete and correct, the party must amend or supplement the response: (1) to the
extent that the written discovery sought the identification of persons with
knowledge of relevant facts, trial witnesses, or expert witnesses, ... An amended or
supplemental response must be made reasonably promptly after the party discovers
the necessity for such a response .. .it is presumed that an amended or supplemental
response made less than 30 days before trial was not made reasonably promptly ... "
1
Respectfully submitted,
EsPEY & AssociATEs, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (210) 404-0333
Telecopi~ 404-0336
By:_·_-?!8_. _ _ _ __
RICHARD W. ESPEY
State Bar No. 06667580
respey@lawespey.com
MATTHEW B. SOLIDAY
State Bar No. 24079367
msoliday@lawespey.com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
lNDIVIDUALL Y AND AS A MEMBER ON BEHALF
OF GRUPO HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEWB. SOLIDAY
2
PLAINTIFFS' FIRST SET OF INTERROGATORIES
TO DEFENDANT GARY HODGE
INTERROGATORY NO. 1: Identify the manner in which the letter attached to Plaintiffs'
Original Petition as "Exhibit B" was delivered to the Plaintiff Stephen Kraft.
RESPONSE
INTERROGATORY NO. 2: Identify the individual who hand delivered to Plaintiff Stephen
Kraft the letter attached to Plaintiffs' Original Petition as "Exhibit B".
RESPONSE
INTERROGATORY NO.3: Identify the individual who placed the letter attached to Plaintiffs'
Original Petition as "Exhibit B" in the mail.
RESPONSE
3
R:\13598.0001\pleadings\discovery\sent\plts ROGs to def- RobertHart.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225 1h JUDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' FIRST SET OF INTERROGATORIES
TO DEFENDANT ROBERT HART III
TO: ROBERT HART III, Defendant, by and through his attorneys of record, Roderick J.
'Rod' Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs") in the above-styled and numbered cause, and serves the attached
interrogatories on the Defendant, ROBERT HART III, pursuant to Rule 197 of the Texas Rules of
Civil Procedure. Such interrogatories shall be answered separately and fully, in writing, under oath,
and be signed by the party providing the answers or its attorney. The answers to the interrogatories
shall be returned to Plaintiffs on the first business day after the expiration of thirty (30) days after
service of said interrogatories. You are further notified that Plaintiffs ask that you also comply with
that part of Rule 193.5 which reads:
"If a party learns that the party's response to written discovery was incomplete or
incorrect when made, or, although complete and correct when made, is no longer
complete and correct, the party must amend or supplement the response: (1) to the
extent that the written discovery sought the identification of persons with
knowledge of relevant facts,·trial witnesses, or expert witnesses, ... An amended or
supplemental response must be made reasonably promptly after the party discovers
the necessity for such a response ... it is presumed that an amended or supplemental
response made less than 30 days before trial was not made reasonably promptly ... "
1
Respectfully submitted,
ESPEY & ASSOCIATES, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (21 0) 404-0333
Telecopi~) 404-0336
By: c6
RICHARD W. ESPEY
State Bar No. 06667580
respey(W,lawespey.com
MATTHEW B. SOLIDAY
State Bar No. 24079367
msoliday@lawespey.com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
lNDIVIDUALL Y AND AS A MEMBER ON BEHALF
OF GRUPO HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEW B. SOLIDAY
2
PLAINTIFFS' FIRST SET OF INTERROGATORIES
TO DEFENDANT ROBERT HART III
INTERROGATORY NO. 1: Identify the manner in which the letter attached to Plaintiffs'
Original Petition as "Exhibit B" was delivered to the Plaintiff Stephen Kraft.
RESPONSE
INTERROGATORY NO. 2: Identify the individual who hand delivered to Plaintiff Stephen
Kraft the letter attached to Plaintiffs' Original Petition as "Exhibit B".
RESPONSE
INTERROGATORY NO.3: Identify the individual who placed the letter attached to Plaintiffs'
Original Petition as "Exhibit B" in the mail.
RESPONSE
3
R:\13598.0001 \pleadings\discovery\sent\plts RFP to def- Gary Hodge.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225th JUDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' FIRST REQUEST FOR PRODUCTION
TO DEFENDANT GARY HODGE
TO: GARY HODGE, Defendant, by and through his attorneys of record, Roderick J. 'Rod'
Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs"), in the above-styled and numbered cause and serves their First
Request for Production on the Defendant, GARY HODGE, pursuant to Rule 196 of the Texas Rules
of Civil Procedure.
Instructions. Pursuant to the provisions of Rule 196 of the Texas Rules of Civil Procedure,
Defendant is hereby requested to produce the below-designated documents. Pursuant to Rule 196,
Defendant must make written response that Defendant will comply with this request, except to the
extent that objections are made, stating specific reasons why such discovery will not be allowed.
Pursuant to Rule 196, a response to these requests shall be served within thirty (30) days after receipt
of the request.
1
As used herein, the following terms shall have the meaning indicated below:
1. ''Person'' means natural persons, corporations, partnerships, sole proprietorships,
unions, associations, federations or any other kind of entity.
2. The term "document", "documents" or "communications" shall mean and include,
without limitation, all handwritten, typed, printed and photostatic matter and drafts,
duplicates or any other copies of all agreements, contracts, communications,
correspondence, letters, telegrams, faxes, memoranda, e-mails, records, reports,
books, summaries or other records of telephone conversations or interviews,
summaries or other records of personal conversations, summaries or other records
of meetings and conferences, diaries, calendars, appointment books, financial
statements, worksheets, accounts, ledgers, notes, bills, statements, invoices, journal
entries, receipts, checks, canceled checks, envelopes or folders or similar
containers, microfilm, booklets, circulars, pamphlets, photographs, graphs, charts,
electronic mail, internet communications computer programs, cards, tapes or disks,
computer runs, magnetic or other memory components of computers containing
information, including, without limitation, hard disk storage devices, floppy disks,
tape backup systems, and any other magnetic or electronic storage medium
employed by Plaintiff to record information, summaries or analyses of computer
runs, and all of the writings of any type and all other data compilations from which
information can be obtained or translated into usable form.
3. In accordance with the Tex. R. Civ. P. Rule 192.7, a document is deemed to be in your
possession, custody or control if you either have physical possession of the item or
have a right to possession of the item that is equal or superior to the person who has
physical control ofthe item.
4. "You" and "your" shall mean the party to whom these questions are directed as well
as agents, employees, attorneys, investigators and all other persons acting for said
"party."
5. "Identify" or "Identification":
(a) When used in reference to a person, "identify" or "identification" means to
state his or her full name, present or last known residence address, present or last
known business address and telephone number.
(b) When used in reference to a public or private corporation, governmental
entity, partnership or association, "identify" or "identification" means to state its
full name, present or last known business address or operating address, the name of
its Chief Executive Officer and telephone number.
(c) When used in reference to a document, "identify" or "identification" shall
include statement of the following:
(i) the title, heading, or caption, if any, of such document;
2
(ii) the identifying number(s), letter(s), or combination thereof, if any;
and the significance or meaning of such number(s), letter(s), or
combination thereof, if necessary to an understanding of the
document and evaluation of any claim of protection from discovery;
(iii) the date appearing on such document; if no date appears thereon, the
answer shall so state and shall give the date or approximate date on
which such document was prepared;
(iv) the number of pages and the general nature or description of such
document (i.e., whether it is a letter, memorandum, minutes of a
meeting, etc.), with sufficient particularity so as to enable such
document to be precisely identified;
(v) the name and capacity of the person who signed such document; if
it was not signed, the answer shall so state and shall give the name
of the person or persons who prepared it;
(vi) the name and capacity of the person to whom such document was
addressed and the name and capacity of such person, other than such
addressee, to whom such document, or a copy thereof, was sent; and
(vii) the physical location ofthe document and the name of its custodian
or custodians.
6. "Settlement" as used herein, means:
(a) an oral or written, disclosed or undisclosed agreement, bargain, contract,
settlement, partial settlement, limited settlement, arrangement, deal, understanding,
loan arrangement, credit arrangement, contingent settlement, limitation on the
amount of liability or judgment, or a promise by or between plaintiff and any
defendant or between any defendant herein whereby plaintiff or defendant have in
any way released, compromised, in whole or in part, directly or indirectly, or agreed
to do so in the future, any of the matters in controversy in this lawsuit whether
before, after or during trial or before or after any jury verdict is returned herein or
a judgment is entered or rendered herein.
(b) any resolution ofthe differences between the plaintiff and defendant by loan
to the plaintiff or any other device which is repayable in whole or in part out of any
judgment the plaintiff may recover against defendant.
(c) the term "settlement" shall also include "Mary Carter Agreements" as that
term is used under Texas Law.
7. Unless a specific date or dates is set forth in any specific question herein, you are
directed that each question shall be answered for the period of time up to and
including the present date
8. "Plaintiffs" shall mean STEPHEN KRAFT, Individually and as a member on behalf
of GRUPO HABANERO, LLC.
9. "Defendant" shall mean ROBERT HART III.
3
10. "Defendant" shall mean GARY HODGE.
Respectfully submitted,
EsPEY & AssociATES, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (210) 404-0333
Telecopier: (210) 404-0336
By: _C??_g;s-----"-_=--"------
RICHARD W. ESPEY
State Bar No. 06667580
respey@lawespey.com
MATTHEW B. SOLIDAY
State Bar No. 24079367
msoli day({i)lawespey. com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
lNDIVIDUALL Y AND AS A MEMBER ON BEHALF
OF GRUPO HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served in
compliance with Rules 21 and 21a ofthe Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEWB. SOLIDAY
4
PLAINTIFFS' FIRST REQUEST FOR PRODUCTION
TO DEFENDANT GARY HODGE
REQUEST FOR PRODUCTION NO.1: Please produce all correspondence between you and
Plaintiff Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 2: Please produce all emails between you and Plaintiff
Stephen Kraft between January 1, 2014 and the present.
RESPONSE
REQUEST FOR PRODUCTION NO.3: Please produce all emails between you and Defendant
Robert Hart III regarding the employment of Plaintiff Stephen Kraft between January 1, 2014 and
November 14, 2014.
RESPONSE
REQUEST FOR PRODUCTION NO. 4: Please produce all emails between you and Defendant
Robert Hart III regarding the purported exercise of the option to buy Plaintiff Stephen Kraft's
membership interest in Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 5: Please produce all documents reflecting proof of
mailing the letter attached to Plaintiffs' Original Petition as "Exhibit B".
RESPONSE
REQUEST FOR PRODUCTION NO. 6: Please produce all documents reflecting personal
service of the letter attached to Plaintiffs' Original Petition as "Exhibit B" upon Plaintiff Stephen
Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 7: Please produce all bank statements for any bank
account associated with Grupo Habanera LLC.
5
RESPONSE
REQUEST FOR PRODUCTION NO.8: Please produce all tax documents sent by you or Grupo
Habanera LLC to Plaintiff Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 9: Please produce the employment file of Plaintiff
Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 10: Please produce all profit and loss statements for
Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 11: Please produce all documents you contend support
your position that the option to purchase Plaintiff Stephen Kraft's membership interest in Grupo
Habanera LLC was properly exercised.
RESPONSE
REQUEST FOR PRODUCTION NO. 12: If you contend that "Exhibit B" to Plaintiffs' Original
Petition was sent to Plaintiff Stephen Kraft by certified mail return receipt requested, please
produce the return receipt.
RESPONSE
REQUEST FOR PRODUCTION NO. 13: Please produce all loan and/or notes currently owed
by Grupo Habanera LLC
RESPONSE
REQUEST FOR PRODUCTION NO. 14: Please produce the applicable Internal Revenue
Service Form K-1 for Grupo Habanera LLC for the years 2012-2014
RESPONSE
6
REQUEST FOR PRODUCTION NO. 15: Please produce all documents regarding any audit of
the business records of Grupo Habanero LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 16: Please produce all documents provided to any
financial institution for the purpose of securing a loan for Grupo Habanero LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 17: Please produce any business plans prepared by you
for Grupo Habanero LLC.
RESPONSE
REQUEST FOR PRODUCTION N0.18: Please produce all documents reflecting the projected
earnings for Grupo Habanero LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 19: Please produce all documents reflecting the earnings
per membership unit of Grupo Habanero LLC.
RESPONSE
p
RESPONSE REQUEST FOR PRODUCTION NO. 20: Please produce a copy of all licenses
and/or permits held by Grupo Habanero LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 21: Please produce a copy of each and every contract to
which Grupo Habanero LLC is a party, including all leases.
RESPONSE
REQUEST FOR PRODUCTION NO. 22: Please produce the Federal Income Tax returns for
Grupo Habanero LLC from 2012 to the present.
RESPONSE
7
REQUEST FOR PRODUCTION NO. 23: Please produce all sales records of Grupo Habanero
LLC from January 1, 2012 through the present.
RESPONSE
REQUEST FOR PRODUCTION NO. 24: Please produce all documents reflecting any and all
debt in the name of Grupo Habanero LLC.
RESPONSE
8
R:\13598.0001\pleadings\discovery\sent\plts RFP to def- Robert Hart.docx
CAUSE NO. 2014-CI-18038
STEPHEN KRAFT INDIVIDUALLY AND § IN THE DISTRICT COURT OF
AS A MEMBER ON BEHALF OF §
GRUPO HABANERO, LLC §
Plaintiffs §
§
vs. § 225 1h JUDICIAL DISTRICT
§
GARY HODGE AND ROBERT HART III §
Defendant § BEXAR COUNTY, TEXAS
PLAINTIFFS' FIRST REQUEST FOR PRODUCTION
TO DEFENDANT ROBERT HART III
TO: ROBERT HART III, Defendant, by and through his attorneys of record, Roderick J.
'Rod' Regan Branscomb I PC, 711 Navarro, Suite 500, San Antonio TX 78401-0036.
NOW COMES STEPHEN KRAFT, Individually and as a member on behalf of GRUPO
HABANERO, LLC, ("Plaintiffs"), in the above-styled and numbered cause and serves their First
Request for Production on the Defendant, ROBERT HART III, pursuant to Rule 196 ofthe Texas
Rules of Civil Procedure.
Instructions. Pursuant to the provisions of Rule 196 of the Texas Rules of Civil Procedure,
Defendant is hereby requested to produce the below-designated documents. Pursuant to Rule 196,
Defendant must make written response that Defendant will comply with this request, except to the
extent that objections are made, stating specific reasons why such discovery will not be allowed.
Pursuant to Rule 196, a response to these requests shall be served within thirty (30) days after receipt
of the request.
1
As used herein, the following terms shall have the meaning indicated below:
1. "Person" means natural persons, corporations, partnerships, sole proprietorships,
unions, associations, federations or any other kind of entity.
2. The term "document", "documents" or "communications" shall mean and include,
without limitation, all handwritten, typed, printed and photostatic matter and drafts,
duplicates or any other copies of all agreements, contracts, communications,
correspondence, letters, telegrams, faxes, memoranda, e-mails, records, reports,
books, summaries or other records of telephone conversations or interviews,
summaries or other records of personal conversations, summaries or other records
of meetings and conferences, diaries, calendars, appointment books, financial
statements, worksheets, accounts, ledgers, notes, bills, statements, invoices, journal
entries, receipts, checks, canceled checks, envelopes or folders or similar
containers, microfilm, booklets, circulars, pamphlets, photographs, graphs, charts,
electronic mail, internet communications computer programs, cards, tapes or disks,
computer runs, magnetic or other memory components of computers containing
information, including, without limitation, hard disk storage devices, floppy disks,
tape backup systems, and any other magnetic or electronic storage medium
employed by Plaintiff to record information, summaries or analyses of computer
runs, and all of the writings of any type and all other data compilations from which
information can be obtained or translated into usable form.
3. In accordance with the Tex. R. Civ. P. Rule 192.7, a document is deemed to be in your
possession, custody or control if you either have physical possession of the item or
have a right to possession of the item that is equal or superior to the person who has
physical control of the item.
4. "You" and "your" shall mean the party to whom these questions are directed as well
as agents, employees, attorneys, investigators and all other persons acting for said
"party.''
5. "Identify" or "Identification":
(a) When used in reference to a person, "identify" or "identification" means to
state his or her full name, present or last known residence address, present or last
known business address and telephone number.
(b) When used in reference to a public or private corporation, governmental
entity, partnership or association, "identify" or "identification" means to state its
full name, present or last known business address or operating address, the name of
its Chief Executive Officer and telephone number.
(c) When used in reference to a document, "identify" or "identification" shall
include statement of the following:
(i) the title, heading, or caption, if any, of such document;
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(ii) the identifying number(s), letter(s), or combination thereof, if any;
and the significance or meaning of such number(s), letter(s), or
combination thereof, if necessary to an understanding of the
document and evaluation of any claim of protection from discovery;
(iii) the date appearing on such document; if no date appears thereon, the
answer shall so state and shall give the date or approximate date on
which such document was prepared;
(iv) the number of pages and the general nature or description of such
document (i.e., whether it is a letter, memorandum, minutes of a
meeting, etc.), with sufficient particularity so as to enable such
document to be precisely identified;
(v) the name and capacity of the person who signed such document; if
it was not signed, the answer shall so state and shall give the name
of the person or persons who prepared it;
(vi) the name and capacity of the person to whom such document was
addressed and the name and capacity of such person, other than such
addressee, to whom such document, or a copy thereof, was sent; and
(vii) the physical location of the document and the name of its custodian
or custodians.
6. "Settlement" as used herein, means:
(a) an oral or written, disclosed or undisclosed agreement, bargain, contract,
settlement, partial settlement, limited settlement, arrangement, deal, understanding,
loan arrangement, credit arrangement, contingent settlement, limitation on the
amount of liability or judgment, or a promise by or between plaintiff and any
defendant or between any defendant herein whereby plaintiff or defendant have in
any way released, compromised, in whole or in part, directly or indirectly, or agreed
to do so in the future, any of the matters in controversy in this lawsuit whether
before, after or during trial or before or after any jury verdict is returned herein or
a judgment is entered or rendered herein.
(b) any resolution of the differences between the plaintiff and defendant by loan
to the plaintiff or any other device which is repayable in whole or in part out of any
judgment the plaintiff may recover against defendant.
(c) the term "settlement" shall also include "Mary Carter Agreements" as that
term is used under Texas Law.
7. Unless a specific date or dates is set forth in any specific question herein, you are
directed that each question shall be answered for the period of time up to and
including the present date
8. "Plaintiffs" shall mean STEPHEN KRAFT, Individually and as a member on behalf
of GRUPO HABANERO, LLC.
9. "Defendant" shall mean ROBERT HART III.
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10. "Defendant" shall mean GARY HODGE.
Respectfully submitted,
EsPEY & AssociATEs, PC
13750 San Pedro Avenue, Suite 730
San Antonio, Texas 78232
Telephone: (210) 404-0333
Telecop('-ril 0) 404-0336
By: ."--Db
RICHARD W. ESPEY
State Bar No. 06667580
respey(a>.lawespey. com
MATTHEWB. SOLIDAY
State Bar No. 24079367
msoliday@,lawespey.com
ATTORNEYS FOR PLAINTIFFS, STEPHEN KRAFT,
INDIVIDUALLY AND AS A MEMBER ON BEHALF
OF GRUPO HABANERO, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correCt copy of the foregoing document was served in
compliance with Rules 21 and 21a ofthe Texas Rules of Civil Procedure on December 8, 2014, on
the following counsel of record:
Roderick J. 'Rod' Regan
Branscomb I PC
711 Navarro, Suite 500
San Antonio TX 78401-0036
210.598.5405 Facsimile
Attorneys for Defendants
RICHARD W. ESPEY
MATTHEW B. SOLIDAY
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PLAINTIFFS' FIRST REQUEST FOR PRODUCTION
TO DEFENDANT ROBERT HART III
REQUEST FOR PRODUCTION NO. 1: Please produce all correspondence between you and
Plaintiff Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 2: Please produce all emails between you and Plaintiff
Stephen Kraft between January 1, 2014 and the present.
RESPONSE
REQUEST FOR PRODUCTION NO.3: Please produce all emails between you and Defendant
Gary Hodge regarding the employment of Plaintiff Stephen Kraft between January 1, 2014 and
November 14, 2014.
RESPONSE
REQUEST FOR PRODUCTION NO. 4: Please produce all emails between you and Defendant
Gary Hodge regarding the purported exercise of the option to buy Plaintiff Stephen Kraft's
membership interest in Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 5: Please produce all documents reflecting proof of
mailing the letter attached to Plaintiffs' Original Petition as "Exhibit B".
RESPONSE
REQUEST FOR PRODUCTION NO. 6: Please produce all documents reflecting personal
service of the letter attached to Plaintiffs' Original Petition as "Exhibit B" upon Plaintiff Stephen
Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 7: Please produce all bank statements for any bank
account associated with Grupo Habanera LLC.
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RESPONSE
REQUEST FOR PRODUCTION NO.8: Please produce all tax documents sent by you or Grupo
Habanera LLC to Plaintiff Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 9: Please produce the employment file of Plaintiff
Stephen Kraft.
RESPONSE
REQUEST FOR PRODUCTION NO. 10: Please produce all profit and loss statements for
Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 11: Please produce all documents you contend support
your position that the option to purchase Plaintiff Stephen Kraft's membership interest in Grupo
Habanera LLC was properly exercised.
RESPONSE
REQUEST FOR PRODUCTION NO. 12: If you contend that "Exhibit B" to Plaintiffs' Original
Petition was sent to Plaintiff Stephen Kraft by certified mail return receipt requested, please
produce the return receipt.
RESPONSE
REQUEST FOR PRODUCTION NO. 13: Please produce all loan and/or notes currently owed
by Grupo Habanera LLC
RESPONSE
REQUEST FOR PRODUCTION NO. 14: Please produce the applicable Internal Revenue
Service Form K-1 for Grupo Habanera LLC for the years 2012-2014
RESPONSE
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REQUEST FOR PRODUCTION NO. 15: Please produce all documents regarding any audit of
the business records of Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 16: Please produce all documents provided to any
financial institution for the purpose of securing a loan for Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 17: Please produce any business plans prepared by you
for Grupo Habanera LLC.
RESPONSE
REQUEST FORPRODUCTIONN0.18: Please produce all documents reflecting the projected
earnings for Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 19: Please produce all documents reflecting the earnings
per membership unit of Grupo Habanera LLC.
RESPONSE REQUEST FOR PRODUCTION NO. 20: Please produce a copy of all licenses
and/or permits held by Grupo Habanera LLC.
RESPONSE
REQUEST FOR PRODUCTION NO. 21: Please produce a copy of each and every contract to
which Grupo Habanera LLC is a party, including all leases.
RESPONSE
REQUEST FOR PRODUCTION NO. 22: Please produce the Federal Income Tax returns for
Grupo Habanera LLC from 2012 to the present.
RESPONSE
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REQUEST FOR PRODUCTION NO. 23: Please produce all sales records of Grupo Habanero
LLC from January 1, 2012 through the present.
RESPONSE
REQUEST FOR PRODUCTION NO. 24: Please produce all documents reflecting any and all
debt in the name of Grupo Habanero LLC.
RESPONSE
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