IN THE CIRCUIT COURT FOR THE 17th

JUDICIAL CIRCUIT IN AND FOR BROWARD

COUNTY, FLORIDA
Case No. CACE-l4-0071 11

PROFESSIONAL LABORATORIES, INC.

Plaintiff
vs.
CASSANDRA AUDAS; JOHN D. SHANE;
PHILLIP NATHAN THORNBERRY;
TThTT7 ffiTJC1DTDDflT)T .-...-1
Ji1i I
111J11LL1\I.I aitu

RESIDENTIAL WARRANTY SERVICES, INC.;

Defendants

DEFENDANTS RESPONSE AND OPPOSITION TO PLAINTIFFS MOTION TO

EXPEDITE 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 party
may take the testimony of any person, including a party, by deposition upon oral
examination. Leave of court, granted with or without notice, must be obtained
only if the plaintiff seeks to take a deposition within 30 days after service of the
process 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 sought
discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this
rule. The attendance of witnesses may be compelled by subpoena as provided in rule
1.410. The deposition of a person confined in prison may be taken only be leave of
court 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 procedurally
improper 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 an
Indiana corporation whose principal place of business is in Cannel, Indiana. Florida case law makes
clear that the deposition of a defendants corporate representative is to be taken in the county where
the corporation has its principal place of business if the defendant is seeking no affirmative relief in
the 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

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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 a
lack 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 to
show 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

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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 and
sometimes substantial) costs of an expedited preliminary injunction proceeding. Lonergan v. EFE
Holdings, 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 discovery
requests 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.
Attorney for Defendants
Aventura Bayview Building
17501 Biscayne Blvd., Suite 510
Aventura, Florida 33160
Telephone:
(305) 354-9313
1
(305)354-9314

Charlip, B.C.S.
No.: 329932
Cintia Calevoso, Esq.
Florida Bar No.: 088576

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Email to: Kevin
P. Crosby, Esq., kevin.crosbygray-robinson.com and Andrew Marcus
Esq.,
andrew.marcus(gray-robinson.com at GrayJobinson, P.A, 401 East Las Olas Boulevard, Suite
1000, Fort Lauderdale, FL. 33301 on this day of May, 2014.
,

CHARLIPLAWGROUP,LC 175O1BIscAYNEBLvD. STE. 510 AvENTur FL33160

T(305)354-9313 F(305)354-9314

Page 7

XD H.
/

CHARLJP LAW GROUP, LC 17501 BIsCAYNE BLvD. STE. 510 AvENTURA FL 33160

B.C.S.
foridaBarNo.: 329932
Cintia Calevoso, Esq.
Florida Bar No.: 088576

T (305) 354-9313 F (305)354-9314

Page 8

IN THE CIRCUIT COURT FOR THE 1 7

JUDICIAL CIRCUIT N AND FOR
BROWARI) COUNTY. FLORIDA
PROFESSIONAL LABORATORIES. INC.
Plaintiff

Case No. CACE-14-0071 11

V S.

CASSANDRA AUDAS, JOIN D. SHANE,

PHILLIP NATHAN THORNBERRY,
JENNY THORNDERRY and
RESIDENTLAL WARRANTY SERVICES.
NC.
Defendants

PRO LABS FIRST REQUEST TO PRODUCE TO DEFENDANT

PHILLIP 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 to
bring within the scope of these requests any information which might be construed to be outside
their scope.
The tenn document(s) refers to any and all items that are in your actual or constructive
possession or custody, or which are under your control, or to which you have access, and means
the original and each non-identical copy, whether different from the original because of marginal
notes or other material inserted therein or attached thereto or otherwise. and drafts and both sides
thereof, of any written, printed, recorded, or uraphic matter, however produced or reproduced, of
any 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, work
papers, transcripts. minutes, minute books, stock books. stock certificates, stock records,

corporate resolutions, reports and recordings of telephone or other conversations or of interviews

or of conferences or other meetings. affidavits, statements, manuscripts, media articles, legal
papers, 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 all
other records kept by electronic, photographic, or mechanical means, and things similar to any of
the foregoing, however, denominated.
Wherever in the following document the request is made to identify a person, the term
person 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 herein
for inspection and copying, and to separate such documents into categories to correspond with
the numbered paragraphs of this Request.
The term Plaintiff refers
persons acting or purporting to act
factual marter or matters of opinion
and unless privileged, the Plaintiffs

to Professional Laboratories, Inc., and includes all other

on their behalf; experts, persons consulted concerning any
relating to any of the facts or issues involved in rhis action,
attorney.

The tenri Residential refers to the Indiana corporation known as Residential Warranty
Services, 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 your
computer system may be necessary to assure compliance with this request.

INSTRUCTIONS
Each paragraph below shall operate and he construed independently, and, unless
otherwise indicated, no paragraph limits the scope of any other paragraph.
CLAIM OF PRIVILEGE: Identif every document requested herein that is withheld
from production on any claim of privilege, work product or other immunity from production and
for 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 as
they are kept in the usual course of business and shall he organized and labeled to correspond
with the paragraphs set forth below.
The obligation to produce the documents requested herein is intended to be of a
continuing nature so that if at any time after compliance with this request, you should acquire
possession, custody or control of any additional documents within the scope hereof except to the
extent such documents are obtained by discovery in the public record of this case, you must
furnish 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 such
information as is sufficient to enable this Defendant to form an intelligible request for production
of such documents with the degree of specificity required by Florida Ride of Civil Froceduie
1.350, 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 the
exact date or time is not known. your response should state the approximate date or time and
indicate clearly that the response is an approximation.
When a description of a place or location is required, your response should include the
complete steet address, including postal zip code, the name of the person or entity occupying
such address and, when applicable, the room, suite or floor number.

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 for

Residential, whether as an employee or independent contractor.

3.

All documents reflecting any work performed by Shane on behalf of or for

Residential, whether as an employee or independent contractor.

4.

All documents reflecting any compensation paid to Audas by or on behalf of

Residential, whether as an employee or independent contractor.

5.

All documents reflecting any compensation paid to Shane by or on behalf of

Residential. whether as an employee or independent contractor.

6.

All documents reflecting any reimbursements paid to Audas by or on behalf of

Residential.

7.

All documents reflecting any reimbursements paid to Shane by or on behalf of

Residential.

8.

All correspondence to which N. Thornberry and Shane are a party pertaining to the
business of marketing or sales of air quality test equipment or testing of air quality
S arnples.

9.

All colTespondence to which N. Thomberry and Audas are a tarry pertaining to the
air qualIty test equIpment or testing of air quality

business of marketing or sales of

samples.

10.

All correspondence to which Shane and Audas are a party pertaining to the business
of 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 the
business trading under the name LnspectorLab or the business trading under the name
Residential Warranty Services, inc.

12.

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

13.

All correspondence to which N. Thomberry and Nick Gromicko are a party

pertaining to the business trading under the name InspectorLab.

14.

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

15.

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

16.

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

17.

ll documents reflecting any agreement between or among Shane and Audas

pertaining to the business trading under the name InspectorLab or the business trading
under the name Residential Warranty Ser\ices Inc.

1$.

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

19.

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

20.

All documents reflecting any agreement between or among N. JThomberry and

Residential pertaining to the marketing or sales of air quality test equipment or testing
of air quality samples.

21.

All docurtterits reflecttng any agreement between orarnonni. Thornberry and

Residential pertaining to the marketing or sales of air quality test equiprrient or testing
of 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 entity
owned or controlled by N. Ihomberry.

25.

All documents reflecting any agreement between or among Audas and any entity
owned or controlled by N. Thomben.

26.

All documents reflecting any agreement between or among Shane arid any entity
owned or controlled by J. Thomberry.

27.

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

28.

AU documents reflecting or referring to employees of Resrdentral who are in any way

involved in marketing or sales of air quality test equipment or resting of air quality
samples.

29.

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

30.

All correspondence to which Shane is a party which refers or relates to the business
trading under the name InspectorLab or the business trading under the name
Residential 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 Boulevard
Suite 1000
Fort Lauderdale, Honda 33301
kevin.croshv(E grav-rohinson.com
951761.8111
954761.8112 fax

By: s/Kevin P. Crosby

Kevin P. Crosby
Florida Bar No. 654360

Service List
Cassandra Audas
3301 NW 55th Street
Fort Lauderdale, Florida 33309
John D. Shane
3301 NW 55th Street
Fort Lauderdale, Florida 33309
Phillip Nathan Thomberry (via Federal Express)
698 Pro-Med Lane
Carniel. Indiana 46032
Jenny Thornberry (via Federal Express)
698 Pro-Med Lane
Carrnel. Indiana 46032
Residential Warranty Services, Inc.
dha InspectorLabs
3301 NW 55th Street
Fort Lauderdale, Florida 33309

29I3IS4vI

TH
i THE CIRCUIT COURT FOR THE 17
JUDICIAL CIRCUIT N AND FOR
BRO WARD COUNTY, FLORIDA

PROFESSIONAL LABORATORIES. INC..

Plaintiff.

GENERAL JURISDICTION DIVISION

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 Aacias
3301 NW 55th Street
Fort 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 PlaintUT
401 East Las Olas Boulevard. Suite 1000
Fort Lauderdale, FL 33301
Telephone: 954-761-8111
Facsimile: 954-761-8112

Kevin P. Crosby, Esq,

Florida Bar No, 654360
kevin.crosbvRurav-robinson.com
Scott Cagan, Esq.
Florida Bar No, 822681
scott.cagan(EArav-robinson.com
Andrew P. Marcus Esq,
Florida Bar No. No. 28093
andrew.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

By:

th
28

/s/Kevin P. Crosby
Kevin P. Crosby. Esq.

Service list
Cassandra Audas (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale, Florida 33309
Joim B. Shane (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale. Florida 33309
Residential Warranty Services, Inc.
dba InspectorLabs (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale, Florida 33309
Phillip Nathan Thornberrv (via Federal Express)
698 Pro-Med Lane
Carmel, Indiana 46032
#2913134 vi

day of April, 2014.

Jenny Thornberrv (via Federal Express)

698 Pro-Med Lane
CarmeL Indiana 46032

825502\3

#2917709 vi

ran- CIRCLIJ COURT FOR 1FF 1T

JUDICIAL CIRCUIT N AND FOR
BRODAPiD COUNTY. FLORIDA
GENERAL JURISDICTION DIVISION

PROFESSIONAL LABORATORIES. FISC,,

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

Plaintiff.

CASSANDRA AUDAS, JOHN D. SHANE.

PHILLIP NATHAN THORNBERRV.
JENNY THORNBERRY and RESIDENTIAL
WARRANTY SERVICES. INC..
Defendants.

NOTICE OF TAKING VIDEO DEPOSITION OF JOHN I). SHANE

TO:

John D. Shane
3301 NW 55th Street
For: 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(ff
401 East Las Olas Boulevard. Suite 1000
Fort Lauderdale, FL 33301
Telephone: 954-761-8111
Facsimile: 954-761-8112
By:

s Keith P. Croath
Kevin P. Crosby. Era.
Florida Bar No, 654360
Kevin.crosby3igray-robinson.corn
Scott Cagan, Esq.
Florida Bar No, 822681
scou.cagan2Zerav-robinson.com
Andrew bIarcus. Esq.
Florida Bar No, 8093
andrew.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 Crosth
Kevin?. Crosby. Esq.

Service list

Cassandra Audas (via Hand delivery)

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

Residential \Varrantr Services. Inc.

Sha ins.nectorLabs (via Hand deliverri
3301 19W 55111 Street
Fort Lauderdale, Florida 33309
Phillip Nathan Thornberrv (via Federal Express>
69$ Pro-Med Lane
Cannel. Indiana 46032

2913134 vi

Jenny Thornberry (via Federal Express)

698 Pro-Med Lane
Cannel, Indiana 46032

\8255O23

#2917725 vi

N THE CIRCUIT COURT FOR THE 17

JUDICIAL CIRCUIT N AND FOR
BROJVARD COUNTY. FLORIDA
PROFESSIONAL LABORATORIES. INC..

GENERAL JGR1SD1CTJON DIVISiON

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

Plaintiff.
V

CASSANDRA AUDAS. JOHN D. SHANE,

PHILLIP NATHAN THORNBERPX.
JENNY THORNBERRY and RES1DENJ LAL
WARRANTY SERVICES, INC.,
Defendants.

NOTICE OF TAKING VIDEO DEPOSITION OF CORPORATE REPRESENTATIVE

OF RESIDENTIAL WARRANTYSERVICES. INC.

TO:

Residenrial Warranty Services, Inc,

dib!a InspectorLab
3301 NW 55th Street
Fort 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:

Corporate Representative of Residential Warranty Services, Inc.

DATE:

May 7, 2014

TIME:

9:00 a.rn.

LOCATION:

GRyRoBINsoN, PA.
401 E. Las Olas Boulevard, Suite 1000
Fort 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 PlcrmrlU

401 East Las O!as Boulevard. Suite 1000

Fort Lauderdale, FL 33301
Telephone: 954-761-8111
Facsimile: 954-761-8112

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

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

By:

th
28

/si Kevin?. Crosby

Kevin P. Crosby

Service list
Cassandra Audas (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale. Florida 33309
John D. Shane (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale, Florida 33309
Residential Warranty Services. Inc.
dha inspcctorLabs (via Hand delivery)
3301 NW 55th Street
Fort Lauderdale, Florida 33309
Phillip Nathan Thornberry (via Federal Express)
698 Pro-Med Lane
Carmel, Indiana 46032
Jenn Thonherr (via Federal Express)
698 Pro-Med Lane
Carmel. Indiana 46032

day of April, 2014.

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

2.

of

Residential.

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
3

equinment.

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

5.

Prancer custonrers.

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

advisors, consultants. and contractors of Residential.

and all employees,

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 Hi

JUDICIAL CIRCUIT IN AND FOR
I3ROWARD COUNTY, FLORIDA
PROFESSIONAL LABORATORIES. INC.,

GENERAL JURISDICTION DIVISION

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

Plaintiff.

CASSANDRA AUDAS. JOHN D. SHANE,

PHILL1P NATHAN THORNBERRY.
JENNY THORNBERRY and RESIDENTIAL
WARRANTY SERVICES, INC.,
Defendants.

NOTICE OF TAKING VII)EO DEPOSITION OF PHILLIP NATHAN THORNI3ERRY

TO:

Phillip Nathan Thornberry

698 Pro-Med Lane
Carmel. 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 & Associates

One Indiana Square, Suite 2425
Indianapolis, 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 Plaintiff
401 East Las Olas Boulevard. Suite 1000
Fort Lauderdale, FL 33301
Telephone: 954-761-81 11
Facsimile: 954-761-8112

kevin P. (.rosbv
Kevin P. Crosby, Esq.
Florida Bar No. 654360
kevin.crosbv%arav-rohi nson.com
Scott Cagan, Esq.
Florida Bar No. 822681
scotl.caaan%igrav-robinson.com
Andrew Marcus, Esq.
Florida Bar No. 28093
lrev.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)
3301 NW 55th Street
Fort Lauderdale, Florida 33309

Phillip ISaihan Thornberry (via Federal Express)

698 Pro-Med Lane
Carmel. Indiana 46032

.Tolin D, Shane via HandDelivers)

3301 NW 55th Street
Fort I .auderdale. F honda 33309

Jenny Thornhcrry (via Federal Express)

698 Pro-Med Lane
Carmel, Indiana 46032

Residential Warranty Services. Inc.

d b/a InspectorLabs (via handDelivery)
1
3301 NW 55th Street
Fort Lauderdale. Florida 33309

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

:S/

IN THE CIRCUIT COURT FOR THE I7

JUDICIAL CIRCUIT FN AND FOR
BRO WARD COUNTY. FLORIDA
PROFESSIONAL LABORATORIES. INC..

GENERAL JURISDICTION DIVISION

CASE NO.: CACE-14-0071 1

Plainti fT.

(25)

CASSANDRA AUDAS. JOHN L). SHANE,

Pi-IILLIP NATHAN THORNBERRY.
JENNY THORNBERRY and RESIDENTIAL
WARRANTY SERVICES, INC.,
De fe n dan ts.

NOTICE OF TAKING VIDEO DEPOSITION OF JENNY THORNBERRY

TO:

Jenn Thornherr
698 Pro-Med Lane
Carmel. 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

LOCATION:

Stewart Richardson & Associates

One Indiana Square, Suite 2425
Indianapolis, Indiana 46204

EST

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//f
401 East Las ()Ias Boulevard. Suite 1000

Fort Lauderdale, FL 33301

Telephone: 954-761-S Ill
Facsimile: 954-761-8112
s Kevin P. Crosby
Kevin P. Crosby, [3sq.
Florida Bar No, 654360
kevin.crosb 1ggray-robinson,com
Scott Cagan, F/sq.
Florida Bar No. 822681
scott.caganiera\ rohinson.com
Andrew Marcus, F/sq.
Florida Bar No. 28093
andre\\ .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:

3301 NW 55th Street

Fort Lauderdale, Florida 33309

Phillip Nathan Thornherr\ (via Federal Express)

698 Pro-Med Lane
Carrnel, Indiana 46032

John D. Shane (via HandDelivery)

3301 NW 55th Street
Fort Lauderdale, Florida 33309

Jenny Thoinberr (via Federal Express)

698 Pro-Med Lane
Carmel. Indiana 46032

Cassandra Audas (via HandDeliver)

Residential Warranty Services. Inc.

cl/ba InspectorLabs (via Hand-l)elivery)
3301 N\\ 55th Street
Fort Lauderdale. Florida 33309

s Kevin P.
Kevin P. Crosby, Esq.
\825502\3

S 29 7737 0