IN THE CIRCUIT COURT FOR THE 17thJUDICIAL CIRCUIT IN AND FOR BROWARDCOUNTY, FLORIDA

Case No. CACE-l4-0071 11

PROFESSIONAL LABORATORIES, INC.

Plaintiff

vs.

CASSANDRA AUDAS; JOHN D. SHANE;PHILLIP NATHAN THORNBERRY;TThTT7 ffiTJC1DTDDflT)T .-...-1Ji1i I 111J11LL1\I.I aituRESIDENTIAL WARRANTY SERVICES, INC.;

Defendants

____________________________________________________________________________________/

DEFENDANTS RESPONSE AND OPPOSITION TO PLAINTIFFS MOTION TOEXPEDITE DISCOVERY AND INCORPORATED MOTION TO OUASH NOTICES OF

DEPOSITION AND FOR A PROTECTIVE ORDER

Defendants CASSANDRA AUDAS; JOHN D. SHANE; PHILLIP NATHAN THORNBERRY;

JENNY THORNBERRY and RESIDENTIAL WARRANTY SERVICES, INC.;, by and through

their undersigned counsel file this their Response and Opposition to Plaintiffs Motion to Expedite

Discovery and Incorporated Motion to Quash Notices of Deposition and for a Protective Order, and

for authority and in support thereof state as follows:

INTRODUCTION

Plaintiffs motion must be denied because it has not identified its alleged trade secrets with

reasonable particularity before conducting discovery; has not received leave of Court to set

depositions within 30 days from filing its action and has not otherwise proved the existence of its

alleged trade secrets. Plaintiffs in trade secret misappropriation cases must identify their trade

CHARLIP LAW GROUP, LC 17501 BIsCAYNE BLVD. STE. 510 AvENTUI FL 33160 T (305) 354-9313 F (305)354.9314 Page 1

secrets with reasonably particularity before conducting discovery. See Del Monte Fresh Produce

Co. v. Dole Food Co., 148 F.Supp.2d 1322 (SD. Fla. 2001); AAR Mfg., Inc. v. Matrix Composites,

Inc., No. 5D1 13802, 2012 WL 3870419 (Fla.App. 5 Dist., 2012). Fla. R. Civ. P. 1.3 10 (a) requires

leave of court to be obtained if the plaintiff seeks to take a deposition within 30 days after service of

the process and initial pleading upon any defendant. Although there is conflict within the district

courts of appeal, there is some requirement that a Plaintiff also prove that as a threshold matter that

the trade secret even exists. See Revello Medical Management, Inc. v. Med-Data Infotech USA, mc,.

50 S.3d 678, 679 Fla. 2d DCA 2010) (stating that prior to proceeding with discovery in trade secret

cases, [t]he plaintiff must, as a threshold matter, establish that the trade secret exists. Here, the

Plaintiffs discovery attempts all run afoul of each of the aforereferenced requirements and so rather

than being expedited, the discovery should be quashed.

FACTS

1. The original Complaint filed herein was filed on April 15, 2014 on behalf of the

Plaintiff designated as PROFESSIONAL LABORATORIES, INC.

2. Each Defendant herein was served with process on April 15, 2014.

3. On April 25, 2014, each Defendant was served with the same Request for

Production, a copy of which is attached hereto as Exhibit A.

4. On April 29, 2014, Plaintiff served the following Notices of Deposition upon

Defendants by overnight mail and hand-delivery:

a. Cassandra Audas scheduled for May 6, 2014 in in Ft. Lauderdale, Fl. (see copy

attached hereto as Exhibit B.);

CHARLIPLAWGROUP,L.C 17SO1BIsCAYNEBLvD. STE. 510 AvENTur FL33160 T(305)354-9313 F(305)354-9314 Page2

b. John Shane scheduled for May 6, 2014 in Ft. Lauderdale, Fl. (see copy attached

hereto as Exhibit C.);

c. Residential Warranty Services, Inc. (Residential) scheduled for May 7, 2014 in Ft.

Lauderdale, Fl. (see copy attached hereto as Exhibit D.);

d. Phillip Nathan Thornberry scheduled for May 8, 2014 in Indianapolis, Indiana (see

copy attached hereto as Exhibit E.);

e. Jenny Thomberry scheduled for May 8, 2014 in Indianapolis, Indiana (see copy

attached hereto as Exhibit F.);

5. Fla. R. Civ. P. 1.3 10 (a) provides:

(a) When Depositions May Be Taken. After commencement of the action any partymay take the testimony of any person, including a party, by deposition upon oralexamination. Leave of court, granted with or without notice, must be obtainedonly if the plaintiff seeks to take a deposition within 30 days after service of theprocess and initial pleading upon any defendant, except that leave is not required(1) if a defendant has served a notice of taking deposition or otherwise soughtdiscovery, or (2) if special notice is given as provided in subdivision (b)(2) of thisrule. The attendance of witnesses may be compelled by subpoena as provided in rule1.410. The deposition of a person confined in prison may be taken only be leave ofcourt on such terms as the court prescribes. (emphasis added)6. Here the Notices of Deposition served by the Plaintiff all schedule depositions

within 30 days after service of process upon each Defendant. Plaintiff neither sought nor was

1 Were this Notice of Deposition not otherwise subject to being quashed as being a procedurallyimproper nullity Defendant Residential would also be seeking to quash same because of the Ft.Lauderdale location for the deposition. As alleged in Plaintiffs Complaint, Residential is anIndiana corporation whose principal place of business is in Cannel, Indiana. Florida case law makesclear that the deposition of a defendants corporate representative is to be taken in the county wherethe corporation has its principal place of business if the defendant is seeking no affirmative relief inthe proceeding. See, e.g., Fortune Ins. Co. v. Santelli, 621 So. 2d 546, 547 (Fla. 3d DCA 1993).

CHARLIP LAW GROUP, LC 17501 BIscAYNE BLVD. STE. 510 AvENTu FL 33160 T (305) 354-9313 F (305)354-9314 Page 3

granted leave of Court prior to serving said Notices of Deposition. Accordingly, said depositions

are not authorized under the Florida Rules of Civil Procedure and thus are without any force or

effect and must be quashed.

7. Plaintiffs in trade secret misappropriation cases must identify their trade secrets with

reasonably particularity before conducting discovery. See Del Monte Fresh Produce Co. v. Dole

Food Co., 148 F.Supp.2d 1322 (SD. Fla. 2001); AAR Mfg., Inc. v. Matrix Composites, Inc., No.

5D113802, 2012 WL 3870419 (Fla.App. 5 Dist., 2012). Fla. R. Civ. P. 1.310 (a) requires leave of

court to be obtained if the plaintiff seeks to take a deposition within 30 days after service of the

process and initial pleading upon any defendant. Although there is conflict within the district courts

of appeal, there is some requirement that a Plaintiff also prove that as a threshold matter that the

trade secret even exists. See Revello Medical Management, Inc. v. Med-Data Infotech USA, mc,. 50

S.3d 678, 679 Fla. 2d DCA 2010) (stating that prior to proceeding with discovery in trade secret

cases, [t]he plaintiff must, as a threshold matter, establish that the trade secret exists. Here, the

Plaintiffs discovery attempts all run afoul of each of the aforereferenced requirements and so rather

than being expedited, the discovery should be quashed.

8. Although expedited discovery may be appropriate in certain limited circumstances,

the party seeking such discovery must establish good cause for the request to be granted. See Ky.

CVS Pharmacy, LLC, v. McKinney, No. 5:13-cv-25-KSF, 2013 WL 1644903, at * 1 (E.D. Ky. Apr.

16, 2013) (Forrester, J.) (citing 5zflh Element Creative, LLCv. Kirsch, No. 5:10-cv-255- KKC, 2010

WL 4102907, at *2 (E.D. Ky. Oct. 18, 2010)); see also Merrill Lynch, Pierce, Fenner & Smith, Inc.

v. OConnor, 194 F.R.D. 618, 623 (N.D. Ill. 2000) ([C]ourts should not grant such leave without

some showing of the necessity for the expedited discovery.).

CHARLIPLAWGROUP,LC 175O1BIscAYNEBLvD. STE. 510 AvENTu FL33160 T(305)354-9313 F(305)354-9314 Page4

9. The burden of establishing the need to alter the normal process rests at all times

with the party seeking the extraordinary relief. See, e.g., Merrill Lynch, Pierce, Fenner & Smith,

Inc. v. OConnor, 194 F.R.D. 618, 623 (N.D. 111. 2000) (Plaintiff must make some prima

facie showing of the need for the expedited discovery.). In deciding whether to exercise their

discretion, courts are mindful of the fact that [e]xpedited discovery is not the norm. See Am.

LegalNet, Inc. v. Davis, 673 F. Supp. 2d 1063, 1066 (C.D. Cal. 2009) (quoting Merrill Lynch, 194

F.R.D. at 623). In fact, courts routinely deny expedited discovery in this same context. E.g., Davis

v. Duncan Energy Partners L.P., 801 F. Supp. 2d 589, 597-98 (S.D. Tex. 2011) (denying

request for expedited discovery to support a motion for preliminary injunction because of alack of irreparable harm resulting from the failure to obtain discovery); Leone v. King Phalan.,

Inc., 2:1OCV-230, 2010 WL 4736271, at *2 (ED. Tenn. Nov. 16, 2010) (expedited discovery is

not the nonn and that plaintiffs must [first] make some prima facie showing of the need for

expedited discovery) (internal quotation mark omitted) (denying expedited discovery and declining

to set expedited schedule for preliminary injunction hearing on the grounds that plaintiff failed toshow possibility of a threatened irreparable injury); In re W. Nat! Corp. Sholders Litig., No.15927, 1998 WL 51733 at *2 (Del. Ch. Feb 4, 1998) (denying expedited discovery on the ground

that monetary relief was adequate to remedy allegedly inadequate merger price); HF.

Ahmanson & Co. v. Great W. Fin. Corp., Nos. 15549, 15555, 15556, 15557 & 15650, 1997 WL

305824, at *6 (Del. Ch. June 3, 1997) (noting that the court denied plaintiffs request for

expedited discovery because no clear threat of inseparable harm had been articulated or shown).

10. Importantly, expedited discovery is not automatically granted merely because a

party seeks a preliminary injunction. Am. LegalNet, 673 F. Stipp. 2d at 1066. MRP, Inc. v.

CHARLIPLAWGROUP,LC 17SO1BIscAYNEBLVD. STE. 510 AvENTu FL33160 T(305)354.9313 F(305)354-9314 Page5

Moreman, No. 3:10-cv-707, 2011 WL 61177, at *2 (W.D. Ky. Jan. 7, 2011); see also 5iJih

Element, 2010 WL 4102907, at *2 (rejecting partys assertion that it was only seeking limited

discovery where requests did not specify any limitations on either the line of questions or

types of documents sought). Instead, [a] motion to expedite should be granted only if the

plaintiff has articulated a sufficiently colorable claim and shown a sufficient possibility of a

threatened irreparable injury, as would justify imposing on the defendants and the public the extra andsometimes substantial) costs of an expedited preliminary injunction proceeding. Lonergan v. EFEHoldings, LLC, 5 A. 3d 1008, 1016 (Del. Ch. 2010) (internal quotation marks omitted) (denying

expedited discovery for failure to assert a sufficiently colorable claim). Courts have explained that

[g]ood cause may be found where the need for expedited discovery, in consideration of the

administration of justice, outweighs the prejudice to the responding party. Semitool, Inc. v.Tokyo Electron. Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002); see also 5iflh Element, 2010

WL 4102907, at *2 (denying expedited discovery request because Plaintiffs need did not

outweigh the prejudice to Defendant). To that end, courts look to the expedited discoveryrequests to assess whether they are appropriately narrow and targeted. Id. (quoting Johnson

v. US. BankNat. Assn, 2009 WL 4682668, at *1 (S.D. Ohio Dec. 3,2009)).

11. Some courts go as far as requiring the party seeking expedited discovery to show

a probability of success on the merits before permitting such discovery. See, e.g., Notaro v.

Koch, 95 F.R.D. 403, 405 (S.D.N.Y. 1982). Here, Plaintiff has not asserted a colorable claim

that could justify injunctive relief, and has made no showing that it will be irreparably harmed

absent expedited discovery. In fact, Plaintiff has not shown irreparable harm under any

circumstances.

CHARLIPLAWGROUP,LC 175O1BIscAYNEBLVD. STE. 510 AvENTu1 FL33160 T(305)354-9313 F(305)354-9314 Page 6

WHEREFORE, the Defendant prays that this Court deny Plaintiffs Motion for Expedited

Discovery, Quash Plaintiffs Notices of Deposition and enter a Protective Order on Plaintiffs

Requests for Production and for any and all other relief this court deems just and equitable.

Respectfully submitted,

Charlip Law Group, L.C.Attorneyfor DefendantsAventura Bayview Building17501 Biscayne Blvd., Suite 510Aventura, Florida 33160Telephone: (305) 354-9313

1 (305)354-9314

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Email to: KevinP. Crosby, Esq., kevin.crosbygray-robinson.com and Andrew Marcus , Esq.,andrew.marcus(gray-robinson.com at GrayJobinson, P.A, 401 East Las Olas Boulevard, Suite1000, Fort Lauderdale, FL. 33301 on this day of May, 2014.

Charlip, B.C.S.No.: 329932

Cintia Calevoso, Esq.Florida Bar No.: 088576

CHARLIPLAWGROUP,LC 175O1BIscAYNEBLvD. STE. 510 AvENTur FL33160 T(305)354-9313 F(305)354-9314 Page 7

XD H. B.C.S./ foridaBarNo.: 329932

Cintia Calevoso, Esq.Florida Bar No.: 088576

CHARLJP LAW GROUP, LC 17501 BIsCAYNE BLvD. STE. 510 AvENTURA FL 33160 T (305) 354-9313 F (305)354-9314 Page 8

IN THE CIRCUIT COURT FOR THE 1 7JUDICIAL CIRCUIT N AND FORBROWARI) COUNTY. FLORIDA

PROFESSIONAL LABORATORIES. INC.

Plaintiff Case No. CACE-14-0071 11

V S.

CASSANDRA AUDAS, JOIN D. SHANE,PHILLIP NATHAN THORNBERRY,JENNY THORNDERRY andRESIDENTLAL WARRANTY SERVICES.NC.

Defendants

PRO LABS FIRST REQUEST TO PRODUCE TO DEFENDANTPHILLIP NATHAN THONBERRY

Plantiff. PROFESSIONAL LABORATORiES. iNC. (PRO LAB. hereby gives notice

of serving its First Request to Produce on Defendant Phillip Nathan Thomberry in accordance

with the Florida Rules of Civil Procedure, as follows:

DEFINITIONS

The xvords and and or shall he construed either synonymously or as is necessar tobring within the scope of these requests any information which might be construed to be outsidetheir scope.

The tenn document(s) refers to any and all items that are in your actual or constructivepossession or custody, or which are under your control, or to which you have access, and meansthe original and each non-identical copy, whether different from the original because of marginalnotes or other material inserted therein or attached thereto or otherwise. and drafts and both sidesthereof, of any written, printed, recorded, or uraphic matter, however produced or reproduced, ofany kind of description, whether sent or received or neither, including, but not limited to: papers,books, letters, correspondence, telegrams, cables, telex messages, memoranda, communications.notes, invoices (including all bills and statements of account), credit memos, notations, workpapers, transcripts. minutes, minute books, stock books. stock certificates, stock records,

corporate resolutions, reports and recordings of telephone or other conversations or of interviewsor of conferences or other meetings. affidavits, statements, manuscripts, media articles, legalpapers, summaries, opinions, reports, studies, analyses, evaluations, contracts, aareements.ledgers. journals, statistical records, desk calendars, appointment books, diaries, lists, tabulation,sound recordings. computer printouts, data processing input and output. microfilms.photographs, motion pictures, maps. charts. accounts. financial statements and reports, and allother records kept by electronic, photographic, or mechanical means, and things similar to any ofthe foregoing, however, denominated.

Wherever in the following document the request is made to identify a person, the termperson includes individuals, corporations. partnerships, and other unincorporated associations;

and identify means to supply the name and last known business and home address.

The temi produce means to make available the documents or things requested hereinfor inspection and copying, and to separate such documents into categories to correspond withthe numbered paragraphs of this Request.

The term Plaintiff refers to Professional Laboratories, Inc., and includes all otherpersons acting or purporting to act on their behalf; experts, persons consulted concerning anyfactual marter or matters of opinion relating to any of the facts or issues involved in rhis action,and unless privileged, the Plaintiffs attorney.

The tenri Residential refers to the Indiana corporation known as Residential WarrantyServices, Inc., which owns the fictitious name registration in Indian for InspectorLab.

WARNING: Computer generated or stored documents, including computer files or data,electronic mail, and information on hard disk which has been erased but is retrievable,constitute documents within the meaning of this definition. An inspection of yourcomputer system may be necessary to assure compliance with this request.

INSTRUCTIONS

Each paragraph below shall operate and he construed independently, and, unlessotherwise indicated, no paragraph limits the scope of any other paragraph.

CLAIM OF PRIVILEGE: Identif every document requested herein that is withheldfrom production on any claim of privilege, work product or other immunity from production andfor each such document state:

a. the specific basis on which the document is being withheld;

b. the names of any and all persons who have seen the document;

c. the date and subject matter of the document;

d. the location of the document;

e. the custodian of the document;

the author(s) or preparer(s) of the document;

g. the recipient(s) of the document; and

h. the persons who were furnished copies of the document.

Unless otherwise specified, the documents produced for inspection shall be produced asthey are kept in the usual course of business and shall he organized and labeled to correspondwith the paragraphs set forth below.

The obligation to produce the documents requested herein is intended to be of acontinuing nature so that if at any time after compliance with this request, you should acquirepossession, custody or control of any additional documents within the scope hereof except to theextent such documents are obtained by discovery in the public record of this case, you mustfurnish such documents as soon as is practicable.

To the extent that you consider any of the following requests, or portions thereof,objectionable, separately state which part is objected to and the ground(s) for each objection.

When identification of a document is required, your response should include suchinformation as is sufficient to enable this Defendant to form an intelligible request for productionof such documents with the degree of specificity required by Florida Ride of Civil Froceduie1.350, and if no copy of the document(s) identified is in your possession, custody or control.identify the name and address of the present custodian of the document or copy thereof.

When a statement of the date or time of an occurrence or given event is required and theexact date or time is not known. your response should state the approximate date or time andindicate clearly that the response is an approximation.

When a description of a place or location is required, your response should include thecomplete steet address, including postal zip code, the name of the person or entity occupyingsuch address and, when applicable, the room, suite or floor number.

4

DOCUMENTS TO BE PRODUCED

1. All documents reflecting any ownership interest in Residential.

2. All documents reflecting any work performed byAudas on behalf of or forResidential, whether as an employee or independent contractor.

3. All documents reflecting any work performed by Shane on behalf of or forResidential, whether as an employee or independent contractor.

4. All documents reflecting any compensation paid to Audas by or on behalf ofResidential, whether as an employee or independent contractor.

5. All documents reflecting any compensation paid to Shane by or on behalf ofResidential. whether as an employee or independent contractor.

6. All documents reflecting any reimbursements paid to Audas by or on behalf ofResidential.

7. All documents reflecting any reimbursements paid to Shane by or on behalf ofResidential.

8. All correspondence to which N. Thornberry and Shane are a party pertaining to thebusiness of marketing or sales of air quality test equipment or testing of air qualityS arnples.

9. All colTespondence to which N. Thomberry and Audas are a tarry pertaining to thebusiness of marketing or sales of air qualIty test equIpment or testing of air qualitysamples.

10. All correspondence to which Shane and Audas are a party pertaining to the businessof marketing or sales of air quality test equipment or testing of air quality samples.

11. All correspondence to which J. Thomberry and Sharie are a party pertaining to thebusiness trading under the name LnspectorLab or the business trading under the nameResidential Warranty Services, inc.

12. All correspondence to which 1, Thomberry and Audas are a party pertaining to thebusiness trading under the name InspectorLab or the business trading under the nameResidential Warranty Services, Inc.

13. All correspondence to which N. Thomberry and Nick Gromicko are a partypertaining to the business trading under the name InspectorLab.

14. All correspondence to which I. Thornberrv and Nick Gromicko are a party pertainingto the business trading under the name LospectorLab.

15. All documents reflecting any aareerrent between or among N. Thornbeny and Shanepertaining to the business trading under the name InspectorLab or the business tradingunder the name Resdental Vv arrantv Services. Inc.

16. All documents reflecting any agreement between or among N. Thornberry and Audaspertaining to the business trading under the name InspectorLab or the business tradingunder the name Residential Warranty Services. Inc.

17. ll documents reflecting any agreement between or among Shane and Audaspertaining to the business trading under the name InspectorLab or the business tradingunder the name Residential Warranty Ser\ices Inc.

1$. All documents reflecting any agreement between or among I. Thornberry and Shanepertaining to the business trading under the name InspectorLab or the business tradingunder the name Residential Warranty Services, Inc.

19. All documents reflecting any agreement between or among I. Thornberry and Audaspertaining to the business trading under the name InspectorLab or the business tradingunder the name Residential Warranty Services, Lnc.

20. All documents reflecting any agreement between or among N. JThomberry andResidential pertaining to the marketing or sales of air quality test equipment or testingof air quality samples.

21. All docurtterits reflecttng any agreement between orarnonni. Thornberry andResidential pertaining to the marketing or sales of air quality test equiprrient or testingof air quality samples.

22. All documents reflecting any agreement between or among Shane and Residential,

23. All documents reflecting any agreement between or among Audas and Residential.

24. All documents reflecting any agreement between or among Shane and any entityowned or controlled by N. Ihomberry.

25. All documents reflecting any agreement between or among Audas and any entityowned or controlled by N. Thomben.

26. All documents reflecting any agreement between or among Shane arid any entityowned or controlled by J. Thomberry.

27. All documents reflecting am agreement between or among Audas and any entityowned or controlled by J. ThombelTy.

6

28. AU documents reflecting or referring to employees of Resrdentral who are in any wayinvolved in marketing or sales of air quality test equipment or resting of air qualitysamples.

29. All correspondence to which Audas is a parry which refers or relates to the businesstrading under the name InspectorLab or the business trading under the nameResidential Warranty Services, Inc.

30. All correspondence to which Shane is a party which refers or relates to the businesstrading under the name InspectorLab or the business trading under the nameResidential Warranty Services, Inc.

CERTIFiCATE OF SERVICE

I HEREBY CERTITY that a true and correct copy of the foregoing was provided via

hand delivery this 25tn da of April. 2014 to on the attached ser\ ice list.

GRoBrvsoy, PA.Couisel for Plaintiff:PROFESSIONAL LABORATORIES. INC.401 East Las Olas BoulevardSuite 1000Fort Lauderdale, Honda 33301kevin.croshv(E grav-rohinson.com951761.8111954761.8112 fax

By: s/Kevin P. CrosbyKevin P. CrosbyFlorida Bar No. 654360

7

Service List

Cassandra Audas3301 NW 55th StreetFort Lauderdale, Florida 33309

John D. Shane3301 NW 55th StreetFort Lauderdale, Florida 33309

Phillip Nathan Thomberry (via Federal Express)698 Pro-Med LaneCarniel. Indiana 46032

Jenny Thornberry (via Federal Express)698 Pro-Med LaneCarrnel. Indiana 46032

Residential Warranty Services, Inc.dha InspectorLabs3301 NW 55th StreetFort Lauderdale, Florida 33309

29I3IS4vI $

i THE CIRCUIT COURT FOR THE 17THJUDICIAL CIRCUIT N AND FORBROWARD COUNTY, FLORIDA

PROFESSIONAL LABORATORIES. INC.. GENERAL JURISDICTION DIVISION

Plaintiff. CASE NO.: CACE-l4-007111 (25)

CASSANDRA AUDAS. JOHN D. SHANE.Pi-IILLIP NATHAN THORNBERRY.LNN T RBERRI i PFSiDF -

WARAANTY SERVICES. INC..

Defendants

NOTICE OF TAKING VIDEO DEPOSITION OF CASSANDRA A[DAS

TO: Cassandra Aacias3301 NW 55th StreetFort Lauderdale. Florida 33309

PLEASE TAKE NOTICE that on the date and time listed below, at the office

GravRohinscu. PA.. 401 F Las COlas Boulevarci. SAte 1 003, Fort Lauderdale. Florida 33301. the

Plaintiff will take the deposition ot:

Cassandra Auuas on Mar o, 2(i14 at 0:Ou a.rn.

upon oral examination, before a Notary Public in and for the State of Florida at large, or

any other officer duly authorized to administer oaths by the laws of the State of Florida. The

name and address of the videorrapher is Veritext. 19 West Flagler Street. Suite 1020. Miami.

Florida. The depositions will continue from hour to hour and from day to day until completed.

The depositions are being taken for the purpose of discovery, and for use at trial, or both of the

foregoing, or for such other purposes as are permitted under the applicable and governing rules.

EXHIBIT

GRkYR0BINs0N, PA.A rtoraeys for PlaintUT401 East Las Olas Boulevard. Suite 1000Fort Lauderdale, FL 33301Telephone: 954-761-8111Facsimile: 954-761-8112

Kevin P. Crosby, Esq,Florida Bar No, 654360kevin.crosbvRurav-robinson.comScott Cagan, Esq.Florida Bar No, 822681scott.cagan(EArav-robinson.comAndrew P. Marcus , Esq,Florida Bar No. No. 28093andrew.marcusaray-robinson.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the

following recipients on the attached service list this 28th day of April, 2014.

By: /s/Kevin P. CrosbyKevin P. Crosby. Esq.

Service list

Cassandra Audas (via Hand delivery)3301 NW 55th StreetFort Lauderdale, Florida 33309

Joim B. Shane (via Hand delivery)3301 NW 55th StreetFort Lauderdale. Florida 33309

Residential Warranty Services, Inc.dba InspectorLabs (via Hand delivery)3301 NW 55th StreetFort Lauderdale, Florida 33309

Phillip Nathan Thornberrv (via Federal Express)698 Pro-Med LaneCarmel, Indiana 46032

#2913134 vi

Jenny Thornberrv (via Federal Express)698 Pro-Med LaneCarmeL Indiana 46032

825502\3 #2917709 vi

ran- CIRCLIJ COURT FOR 1FF 1TJUDICIAL CIRCUIT N AND FORBRODAPiD COUNTY. FLORIDA

PROFESSIONAL LABORATORIES. FISC,, GENERAL JURISDICTION DIVISION

Plaintiff. CASE NO.: ChCE-I4-00iil (251

CASSANDRA AUDAS, JOHN D. SHANE.PHILLIP NATHAN THORNBERRV.JENNY THORNBERRY and RESIDENTIALWARRANTY SERVICES. INC..

Defendants.

NOTICE OF TAKING VIDEO DEPOSITION OF JOHN I). SHANE

TO: John D. Shane3301 NW 55th StreetFor: Lauderdale, Florida 33305

PLEASE TAKE NOTICE that on the date and time listed below, at the offlee

GrayRobinson. P.A., 401 E Las Olas Boulevard, Suite 1000. Fort Lauderdale. Florida 33301. the

Plaintiff will take the danositior of:

John F. Shane on .iav 6. 2014 at 1:00 p.m.

upon oral examnatton, before a 15 otarv PuAo in and for the State of I- lorida a.t tarue, or

any other officer duly authorized to administer oaths by the laws of the State of Florida. The

name and address of the videocrapher is Veritext. 19 West Flagler Street, Suite 1020. Miami.

Florida. The denositions will continue from hour to hour and from day to day until completed.

The depositions are being taken for the pUi ose cf di ovew. and for use a: trial. or both of the

foregoing, or for such other purposes as are permitted under the applicable and governing rules.

EXHIBIT

GR4YROBINSoN. P.A,Arroroevsibi Plainr(ff401 East Las Olas Boulevard. Suite 1000Fort Lauderdale, FL 33301Telephone: 954-761-8111Facsimile: 954-761-8112

By: s Keith P. CroathKevin P. Crosby. Era.Florida Bar No, 654360Kevin.crosby3igray-robinson.cornScott Cagan, Esq.Florida Bar No, 822681scou.cagan2Zerav-robinson.comAndrew bIarcus. Esq.Florida Bar No, 8093andrew.marcusWerav-robjnson,com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct ccv of the foregoing was served on the

following recipients on the attached service list this ffP day of April. 2014

By: a Kevd P CrosthKevin?. Crosby. Esq.

Service list

Cassandra Audas (via Hand delivery)3301 NW 55 StreetFort Lauderdale. Florida 33309

John D. Shane (via Hand delivery>3301 NW 55th StreetFort Lauderdale, Florida 33309

Residential \Varrantr Services. Inc.Sha ins.nectorLabs (via Hand deliverri3301 19W 55111 StreetFort Lauderdale, Florida 33309

Phillip Nathan Thornberrv (via Federal Express>69$ Pro-Med LaneCannel. Indiana 46032

2913134 vi

Jenny Thornberry (via Federal Express)698 Pro-Med LaneCannel, Indiana 46032

\8255O23 - #2917725 vi

N THE CIRCUIT COURT FOR THE 17JUDICIAL CIRCUIT N AND FORBROJVARD COUNTY. FLORIDA

PROFESSIONAL LABORATORIES. INC.. GENERAL JGR1SD1CTJON DIVISiON

V

Plaintiff.

CASSANDRA AUDAS. JOHN D. SHANE,PHILLIP NATHAN THORNBERPX.JENNY THORNBERRY and RES1DENJ LALWARRANTY SERVICES, INC.,

Defendants.

CASE NO,: CACE-14-007l 11(25)

NOTICE OF TAKING VIDEO DEPOSITION OF CORPORATE REPRESENTATIVEOF RESIDENTIAL WARRANTYSERVICES. INC.

TO: Residenrial Warranty Services, Inc,dib!a InspectorLab3301 NW 55th StreetFort Lauderdale. Florida 33309

PLEASE L4JKE NOTICE that the undersigned auornevs for Plaintiff Frofessional

Laboratories, Inc., pursuant to Rule 1.310(b)(6) of Florida Rules of Civil Procedure. vi1l take

the deposition of a corporate representative at the time and place indicated below, upon oral

evamination hefre a Nmarv Public arahorized b: Ia;

NAME:

DATE:

TIME:

Corporate Representative of Residential Warranty Services, Inc.

May 7, 2014

9:00 a.rn.

LOCATION: GRyRoBINsoN, PA.401 E. Las Olas Boulevard, Suite 1000Fort Lauderdale, Florida 33301

This deposition is being taken for the purpose of discovery, for use as evidence and for

such other uses and purposes as are permitted under the Florida Rules of Civil Procedure and

other applicable law, and shall continue from day to day until completed. Residential Warranty

Services. Inc. shall identify and designate person(s) to testify on its behalf about each numbered

category on the attached Schedule

GPvRoB1NSON, PA..4rrorneystor PlcrmrlU401 East Las O!as Boulevard. Suite 1000Fort Lauderdale, FL 33301Telephone: 954-761-8111Facsimile: 954-761-8112

kevin P, Ciushy

-________

Kevin P. Crosby. Esq.Florida Bar iFo. 6543 60Kevin.crosbv(grav-robinson,comScott Cagan, Esq.Florida Bar \o. 8226$]scotucacan L erav-rohinson.comAndrew Marcus Esq.Florida Bar No. No. 28093andrew,marcusN4rray-robinson.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the

following recipients on the attached service list this 28th day of April, 2014.

By: /si Kevin?. CrosbyKevin P. Crosby

Service list

Cassandra Audas (via Hand delivery)3301 NW 55th StreetFort Lauderdale. Florida 33309

John D. Shane (via Hand delivery)3301 NW 55th StreetFort Lauderdale, Florida 33309

Residential Warranty Services. Inc.dha inspcctorLabs (via Hand delivery)3301 NW 55th StreetFort Lauderdale, Florida 33309

Phillip Nathan Thornberry (via Federal Express)698 Pro-Med LaneCarmel, Indiana 46032

Jenn Thonherr (via Federal Express)698 Pro-Med LaneCarmel. Indiana 46032

SCHEDULE 4.

AREAS OF INQUIRY

1. The origination and creation of Residential Warranty Services, Inc.. dfb/a

inspectorLab (Residentialh. specifcallv inciudina. hut not limited to: the date of formation

front concert thiouah c:eation); the individuaim anti or entity or entities that originated andor

created Residential: and what role, if any. Dr. John Shane and/or Cassandra Audas (or any other

current or former PRO LAB emplm cci had in the or ination arid or creation of Residential.

2. The operation and day to day business activities of Residential, specifically

including. hut not limited to: the nature and puiose of Residentials business: the scope, nature

and extent of Residentiahs environmental testing services; arid Residentials sales of

environmental testing equinment.

3 Any and all tours, site visits. and or other inspections of Residentials facilities.

laboratories, and/or place(s) of business by their existing, potential, and/or former customers.

4. Anx and all purchase orders, sales. and/or delivery of environmental testing

equipment between Residential, and its existing, potential, anti or Prancer custonrers.

5. Any and all sales of ardor rec;rest to rirrfornr. laboratory services. specifically

includina, hut not lii heal to, environmental testing servic..es between R.esidential. and its existing,

potential, and/or former customers.

6. The identities. and nature of the relationship (including duration of the

relationshipo. of Residentials existing and former customers. including potential customers that

Residential has solicited within the last Sixty (60/ days.

7, The identities of, and duration of the relationship for, an and all employees,

advisors, consultants. and contractors of Residential.

8. The marketing and/or advertising of any and all of Residentials goods and

services, specifically including, but not limited to, environmental laboratory testing, and

environmental testing equipment.

8255O23 -#2917625 vi

IN THE CIRCUIT COURT FOR THE 17 HiJUDICIAL CIRCUIT IN AND FORI3ROWARD COUNTY, FLORIDA

PROFESSIONAL LABORATORIES. INC., GENERAL JURISDICTION DIVISION

Plaintiff. CASE NO.: CACE-14-0071 11(25)

CASSANDRA AUDAS. JOHN D. SHANE,PHILL1P NATHAN THORNBERRY.JENNY THORNBERRY and RESIDENTIALWARRANTY SERVICES, INC.,

Defendants.

NOTICE OF TAKING VII)EO DEPOSITION OF PHILLIP NATHAN THORNI3ERRY

TO: Phillip Nathan Thornberry698 Pro-Med LaneCarmel. Indiana 46032

PLEASE TAKE NOTICE that on the date, time and location listed below, the Plaintiff

will-take the deposition of:

NAME: Phillip Nathan Thornberry

DATE: May 8, 2014

TIME: 10:00 a.m. EST

LOCATION: Stewart Richardson & AssociatesOne Indiana Square, Suite 2425Indianapolis, Indiana 46204

upon oral examination, before a Notary Public in and for the State of Indiana at large, or

any other ofPcer duly authorized to administer oaths by the laws of the State of Indiana. The

name and address of the videographer is Veritext. The deposition will continue from hour to

hour and from day to day until completed, The deposition are being taken for the purpose of

discovery, and for use at trial, or both of the foregoing. or for such other purposes as are

permitted under the applicable and go\erning rules.

GRAYROBINSON, P.A.Aitorne)sfdr Plaintiff401 East Las Olas Boulevard. Suite 1000Fort Lauderdale, FL 33301Telephone: 954-761-81 11Facsimile: 954-761-8112

kevin P. (.rosbvKevin P. Crosby, Esq.Florida Bar No. 654360kevin.crosbv%arav-rohi nson.comScott Cagan, Esq.Florida Bar No. 822681scotl.caaan%igrav-robinson.comAndrew Marcus, Esq.Florida Bar No. 28093lrev.iircus(i1gay-rpbiison.com

CERTIFICATE OF SERVICE

I HERFBY CFIU1FY that a true and correct copy of the Ibregoing was served this 29111

da\ of April 2014. upon the following:

Cassandra Audas (via Hand-Delivery) Phillip ISaihan Thornberry (via Federal Express)3301 NW 55th Street 698 Pro-Med LaneFort Lauderdale, Florida 33309 Carmel. Indiana 46032

.Tolin D, Shane via HandDelivers) Jenny Thornhcrry (via Federal Express)3301 NW 55th Street 698 Pro-Med LaneFort I .auderdale. F honda 33309 Carmel, Indiana 46032

Residential Warranty Services. Inc.d1 b/a InspectorLabs (via handDelivery)3301 NW 55th StreetFort Lauderdale. Florida 33309

:S/ Ke Ill? P. (rosbi;Kevin P. Crosby, Esq.

3 .

PROFESSIONAL LABORATORIES. INC..

Plainti fT.

CASSANDRA AUDAS. JOHN L). SHANE,Pi-IILLIP NATHAN THORNBERRY.JENNY THORNBERRY and RESIDENTIALWARRANTY SERVICES, INC.,

De fe n dan ts.

IN THE CIRCUIT COURT FOR THE I7JUDICIAL CIRCUIT FN AND FORBRO WARD COUNTY. FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.: CACE-14-0071 1 (25)

NOTICE OF TAKING VIDEO DEPOSITION OF JENNY THORNBERRY

TO: Jenn Thornherr698 Pro-Med LaneCarmel. Indiana 46032

PLEASE TAKE NOTICE that on the date. lime and location listed below, the Plaintiff

will take the deposition of:

NAME: Jenny Thornberr

DATE: May 8, 2014

TIME: 2:00 EST

LOCATION: Stewart Richardson & AssociatesOne Indiana Square, Suite 2425Indianapolis, Indiana 46204

upon oral examination, before a Notary Public in and for the State of Indiana at large, or

any other oflicer duE auihoriied to administer oaths by the laws of the State of Indiana. The

name and address of the ideographer is Veritexi. The deposition will continue froni hour to

hour and from day to day until completed. The deposition are being taken for the purpose of

discovery, and for use at trial, or both of the foregoing, or for such other purposes as are

permitted under the applicable and governing rules.

GRvRoI3lrsoN, P.A..4 ttorneys /or Plaint//f401 East Las ()Ias Boulevard. Suite 1000Fort Lauderdale, FL 33301Telephone: 954-761-S IllFacsimile: 954-761-8112

s Kevin P. CrosbyKevin P. Crosby, [3sq.Florida Bar No, 654360kevin.crosb 1ggray-robinson,comScott Cagan, F/sq.Florida Bar No. 822681scott.caganiera\ rohinson.comAndrew Marcus, F/sq.Florida Bar No. 28093andre\\ .niarcusd erav-robinson,com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 291

day ol April 2014, upon the I ilowing:

Cassandra Audas (via HandDeliver) Phillip Nathan Thornherr\ (via Federal Express)3301 NW 55th Street 698 Pro-Med LaneFort Lauderdale, Florida 33309 Carrnel, Indiana 46032

John D. Shane (via HandDelivery) Jenny Thoinberr (via Federal Express)3301 NW 55th Street 698 Pro-Med LaneFort Lauderdale, Florida 33309 Carmel. Indiana 46032

Residential Warranty Services. Inc.cl/ba InspectorLabs (via Hand-l)elivery)3301 N\\ 55th StreetFort Lauderdale. Florida 33309

s Kevin P.Kevin P. Crosby, Esq.

\825502\3 - S 29 7737 0