Virginia Whetstone and Bruce Maguire are suing her brother, Henry Whetstone, Jr. (Hank) for fraud; Hank Whetstone has counterclaimed for fraud.
CPA Todd Neville is expected to testify as an expert witness for Hank; he is a former City Commissioner and Vice Mayor who is currently Audit Committee Chair of the State Board of Administration.
Maguire is Airport Authority Chair, running for City Commission. He and his twin brother both served as Air Force officers, and both served as County Commissioners, at different times.
A ten day non-jury trial is set before Judge Howard M. Maltz in October, in a complex business tort lawsuit filed in 2015. Here's Virginia Whetstone and Bruce Maguire's prehearing filing, reflecting appasrent agreement by Hank Whetstone:
Filing # 156734050 E-Filed 09/02/2022 04:26:36 PM
IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
CASE NO.: 2015-CA-0100 DIVISION: 55
VIRGINIA WHETSTONE and
BRUCE MAGUIRE, individually
and derivatively on behalf of Nominal Defendant, WHETSTONE CHOCOLATE FACTORY, INC., a Florida corporation,
Plaintiffs, vs.
HENRY M. WHETSTONE, JR., WHETSTONE INDUSTRIES, INC., f/k/a ATLANTIC CANDY COMPANY, a Florida corporation, WHETSTONE INDUSTRIAL HOLDINGS, INC., a Florida corporation, and ATLANTIC CANDY COMPANY, f/k/a AUGUSTINE CHOCOLATE COMPANY, a Florida corporation,
Defendants, and
WHETSTONE CHOCOLATE FACTORY, INC., a Florida corporation,
Nominal Defendant. __________________________________________/
HENRY M. WHETSTONE, JR., Third-Party Plaintiff,
vs.
WHETSTONE CHOCOLATES, INC., a Florida corporation, and WHETSTONE CHOCOLATES OF ST. AUGUSTINE, INC., a Florida corporation,
Third-Party Defendants. ___________________________________________/
PLAINTIFFS AND THIRD-PARTY DEFENDANTS’ PRETRIAL STATEMENT1
Plaintiffs Virginia Whetstone and Bruce Maguire, individually and derivatively on behalf of Nominal Defendant, Whetstone Chocolate Factory, Inc., and Third-Party Defendants Whetstone Chocolates, Inc. and Whetstone Chocolates of St. Augustine, Inc., hereby file this Pretrial Statement and state:
1. GENERAL STATEMENT OF THE CASE
Plaintiffs Virginia Whetstone and Bruce Maguire, wife and husband, reside in St. Johns County, Florida. In February 2009, Virginia and her brother, Defendant Henry Whetstone, Jr. (“Hank”), who also resides in St. Johns County, Florida, formed Whetstone Chocolate Factory, Inc. (“WCF”) as a Florida corporation. At all times since its formation, (1) Hank has owned 50% of WCF; (2) the remaining 50% of WCF has either been owned wholly by Virginia or split between Virginia and Bruce; (3) Hank has served as President and Secretary of WCF and Virginia has served as Treasurer and Chief Operating Officer of WCF; and (4) WCF has been governed by a board of directors consisting of six directors, including Virginia, Hank, and two additional directors chosen by each of them.
Shortly after its formation, WCF entered into lease-to-own contracts for real property located at 149 and 139 King Street in St. Augustine, Florida. Since 2010, 149 King Street has been occupied by Whetstone Chocolates of St. Augustine, Inc. (“COSA”), which is a Florida corporation formed in 2006 and wholly owned by Virginia, and 139 King Street has been occupied by Whetstone Chocolates, Inc. (“WC”), which is a Florida corporation formed in 1983 and owned
1 Counsel for all parties attended a Pretrial Meeting on August 23 and August 26, 2022, at which time Plaintiffs’ counsel circulated a draft proposed Joint Pretrial Statement in substantially the same form as this Statement. As of the time of this filing, undersigned counsel has not received any proposed edits or additions to this Statement from Defendants’ counsel, although the parties specifically discussed each of the “Other Agreed Matters” identified in Section 11, below, and it is believed all parties are in agreement as to each identified matter therein.
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by Virginia and her parents, Henry and Esther Whetstone. At all pertinent times, COSA has operated and continues to operate a chocolate manufacturing business at 149 King Street, and WC has operated and continues to operate a chocolate retail and tour business at 139 King Street. WCF closed on the purchase of 149 King Street in 2012, and 149 King Street is the only real property owned by WCF. WC purchased 139 King Street in 2013.
In early 2012, Hank presented to WCF the opportunity to manufacture a chocolate/toy combination product (the “Yowie Product”) for an Australian company, Yowie Group, Ltd. (“Yowie”). With the approval of WCF’s board of directors, WCF signed a manufacturing agreement with a U.S. subsidiary of Yowie in April 2012, which was amended in January 2014 (the “Yowie Manufacturing Agreement”). WCF began manufacturing the Yowie Product in December 2013. In September 2014, Hank assigned the Yowie Manufacturing Agreement to Whetstone Industries, Inc. (“WI”), which is a Florida corporation that is wholly owned by Whetstone Industrial Holdings, Inc. (“WIH”), which is owned jointly by Hank and his wife, Janice Whetstone. Between April 2015 and January 2016, WI changed its name to Atlantic Candy Company (“ACC”). A separate Florida corporation Hank initially formed under the name Augustine Chocolate Company has operated since January 2016 under the name Atlantic Candy Company. Yowie terminated the Yowie Manufacturing Agreement at the end of 2015, after this suit was originally filed.
There are 48 claims asserted by and against the parties in the operative pleadings, but the bulk of the claims relate to either the assignment of the Yowie Manufacturing Agreement by Hank and ancillary Yowie-related disputes or the operations of Virginia’s companies, WC and COSA, at 139 and 149 King Street, respectively. Plaintiffs’ primary contention is that Hank stole the Yowie Manufacturing Agreement, which was the most valuable asset of WCF. Defendants’
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primary contention is that WCF has a right to the profits generated through WC’s and COSA’s activities at 139 and 149 King Street.
In addition to the derivative and direct claims asserted by Plaintiffs, they alleged a claim for judicial dissolution of WCF. In response, Hank made a statutory election pursuant to Fla. Stat. 607.1436 to purchase Plaintiffs’ shares in WCF. By Order dated July 6, 2020, the Court has determined that it will “simultaneously take and consider evidence offered during trial on the merits for the purpose of determining the fair value of Plaintiffs[’]... shares in WCF....”
2. ADMITTED FACTS THAT REQUIRE NO PROOF AT TRIAL
a. Henry Whetstone and Esther Whetstone formed WC in 1983. Since a settlement agreement reached by Virginia and Hank in 2007, Virginia has had a 50% ownership interest in WC, and Henry and Esther have each had a 25% ownership interest in WC.
Virginia formed COSA in 2006.
On November 21, 2008, Hank and Joseph Tringali entered into a Purchase and Sale
Agreement for real property located at 149 King Street, St. Augustine, Florida.
d. On February 26, 2009, Virginia and Hank entered into the Shareholders’ Agreement to form WCF, at which time they each owned a 50% interest in WCF.
On February 26, 2009, Virginia and WCF entered into the Employment Agreement.
Since its formation, Hank has served as President of WCF and Virginia has served
as Chief Operating Officer and Treasurer of WCF, as well as the Chairman of WCF’s Board of Directors.
g. On February 26, 2009, Hank assigned the purchase and sale agreement for 149 King Street to WCF.
h. Pursuant to the terms of the Shareholders’ Agreement, Hank and Virginia each 4
controlled a voting block on the Board of Directors and could appoint three directors. Hank initially appointed himself, his wife Janice, and his father Henry. Virginia initially appointed herself, her husband Bruce, and her mother Esther.
i. On March 21, 2009, WCF entered into a Purchase and Sale Agreement for real property located at 139 King Street, St. Augustine, Florida.
j. On December 19, 2012, the Board of Directors for WCF voted to close on the 149 King Street Purchase and Sale Agreement. The closing occurred on December 20, 2012.
k. WCF currently owns 149 King Street. As of October 10, 2022, the principal balance owed on the mortgage for 149 King Street is $653,601.05.
l. Hank owns U.S. patents #5,925,391 and #6,099,872 (the “Patents”), which provide a means to manufacture and sell a chocolate and toy combination product in the United States.
m. On April 24, 2012, WCF and Yowie entered into a Manufacturing Agreement, whereby WCF agreed to manufacture the Yowie Product.
n. On April 24, 2012, Hank and Yowie entered into a Patent and Technology License Agreement, which granted Yowie a license for use of Hank’s Patents in connection with the sale of the Yowie Product.
Virginia’s Employment Agreement commenced November 18, 2013.
The Yowie production line began operating in December 2013 at a facility located
at 115 Whetstone Place, St. Augustine, Florida 32086, which is owed by WIH.
q. On January 30, 2014, WCF executed an amendment to the Yowie Manufacturing Agreement titled “Agreed Changes to Whetstone Chocolate Factory and Yowie North America Manufacturing Agreement.”
r. Virginia received compensation under the Employment Agreement totaling 5
$17,310 before her employment was terminated.
s. On August 21, 2014, Hank informed Virginia, Bruce, Janice, Henry, and Esther
that he was appointing Frank DiMare and removing his father Henry as a director on WCF’s Board of Directors.
t. On September 11, 2014, Virginia assigned the majority of her interest in WCF to Bruce, which left Hank with 50%, Bruce with 48%, and Virginia with 2% in WCF.
u. On September 19, 2014, Hank replaced Janice Whetstone with Michael Spencer as a WCF director.
v. On September 23, 2014, Hank assigned the Yowie Manufacturing Agreement from WCF to WI. Hank signed the Assignment of Contract as President of WCF and as President of WI.
w. The last day that the Yowie Product was produced under the Yowie Manufacturing Agreement was November 18, 2015.
x. Yowie made EBIDTA payments under the Yowie Manufacturing Agreement totaling $420,607.
y. The current directors of WCF are Virginia, Bruce, Esther, Hank, Janice, and Mr. DiMare.
z. At all pertinent times, Virginia has possessed trademark rights to the name “Whetstone” when used in connection with chocolate and other confectionary goods.
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3. ISSUES RAISED IN THE PLEADINGS THAT HAVE BEEN ABANDONED
a. Plaintiffs hereby abandon the following claims from the Fourth Amended Complaint:
Count XII – Derivative Claim for Rescission of the Putative Assignment of Contract of the Yowie Manufacturing Agreement Against Hank, WIH, and WI/ACC/WI.
Count XVII – Court Ordered Inspection of Records Pursuant to Fla. Stat. §§ 607.1602 and 607.1605.
4. ISSUES OF FACT FOR TRIAL
a. Plaintiff’s Claims in Fourth Amended Complaint (Dkt. 364):
Counts I, II, III, & VII (breach of fiduciary duty) |
|
Count IV (usurpation of corporate opportunities) |
|
Count V (conversion) |
|
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Count VI (civil theft) | • Did Hank and his companies, with willful and felonious intent, deprive WCF of its rights in $138,642 of 2014 deferred EBIDTA funds paid by Yowie? |
Count VIII (unjust enrichment) |
|
Counts IX & X (declaratory judgment and recission of WCF/Hank agreements) |
|
Count XI (declaratory judgment on Yowie assignment) | • Did WCF’s Board of Directors authorize Hank to execute the Assignment of the Yowie Manufacturing Agreement on WCF’s behalf? • Is the assignment of the Yowie Manufacturing Agreement invalid and void? |
Count XIII (rescission of Yowie assignment) | ABANDONED |
Counts XIII & XIV(declaratory judgment and rescission of WCF/WIH agreements) |
|
Count XV (tortious interference) |
|
Count XVI (fraud) | • Did Hank make false statements of material facts regarding the ownership and income of WCF in WCF’s tax returns? • What are the damages to WCF caused by Hank’s fraudulent statements in WCF’s tax returns? |
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Count XVII (inspection of records) | ABANDONED |
Count XVIII (breach of shareholder’s agreement) | • Did Hank breach the WCF Shareholder’s Agreement through any of the following actions and inactions? o By failing to make his required personal capital contributions? o By terminating Virginia’s employment without just cause and failing to pay her compensation under the terms of her employment agreement? financing for the purchase of 139 King Street? opportunities to WCF? the management and affairs of WCF? Tax Returns?
|
Counts XIX & XX(trademark infringement) |
|
Count XXI (declaratory judgment – 139 KS) |
|
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Count XXII (declaratory judgment – WC and COSA) |
|
Count XXIII (violation of Fraudulent Transfer Act) |
|
Count XIV (judicial dissolution) |
|
Defendants’ Counterclaims in Second Amended Counterclaim (Dkt. 317):
Defendants’ Third-Party Claims in Amended Third Party Complaint (Dkt. 259):
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UNDISPOSED ISSUES OF LAW, PROCEDURE, OR EVIDENCE
Plaintiffs and Third-Party Defendants’ First Motion in Limine (filed 8/30/22)
Plaintiffs and Third-Party Defendants’ Second Motion in Limine (filed 9/2/22)
Objections to exhibits.
Entitlement to pre-judgment interest and date(s) from which interest accrues.
Valuation per Election to Purchase.
SPECIAL DAMAGES TO BE PROVEN AT TRIAL
Undetermined at this time.
ANNOTATED EXHIBIT LISTS2
The Parties’ Joint Exhibit List is attached hereto as Exhibit A.
Plaintiffs’ and Third-Party Defendants’ exhibit list is attached hereto as Exhibit B.
Defendants’ exhibit list is attached hereto as Exhibit C.
ANNOTATED WITNESS LISTS
Plaintiff’s and Third-Party Defendants’ witness list is attached hereto as Exhibit D.
Defendants’ witness list is attached hereto as Exhibit E.
DEPOSITION DESIGNATIONS
a. Plaintiffs & Third-Party Defendants:
Deponent and Deposition Date | Deposition Designations |
Hank Whetstone – August 11, 2015 | 9:20-10:17 15:7-16:13 19:1-8 20:24-22:6 22:10-44:6 46:11-67:9 68:10-77:25 78:6-110:15 117:7-121:15 |
2 As of the time of this filing, Defendants have neither confirmed agreement to the proposed Joint Exhibit List nor provided objections to Plaintiffs’ and Third-Party Defendants’ Exhibit List.
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122:15-17 124:13-129:15 130:2-165:25 166:5-181:13 182:14-199:12 199:18-236:1 | |
Hank Whetstone – May 16, 2017 | 6:2-18:6 19:1-29:21 37:3-38:16 41:2-9 43:3-44:8 47:3-69:8 70:1-106:9 107:1-115:10 117:18-140:5 141:3-142:24 143:11-15 143:20-25 144:1-16 145:1-146:9 147:1-156:21 157:13-163:11 165:24-172:9 172:15-175:20 |
Henry Whetstone – August 1, 2016 | 6:13-10:3 10:11-14:16 14:25-17:3 18:9-19:20 20:10-26:14 27:4-25 29:5-36:16 38:1-39:5 40:25-43:6 43:25-46:24 48:8-50:19 |
Henry Whetstone – June 18, 2018 | 7:9-9:10 11:2-33:7 33:25-42:12 42:19-48:4 48:12-56:13 59:4-68:9 |
Esther Whetstone – August 1, 2016 | 5:9-23 6:22-7:12 7:22-12:8 13:5-20:4 20:11-25 |
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25:15-26:9 26:25-27:6 34:20-23 25:15-36:2 38:12-39:12 40:1-25 41:10-25 42:20-46:15 51:23-52:10 52:25-53:6 57:15-59:4 | |
Esther Whetstone – June 18, 2018 | 5:18-26:10 29:2-31:14 33:3-36:6 36:18-37:14 39:1-43:18 44:21-47:14 |
b. Defendants: 10. TIMING
Estimate of days needed for trial: 10 days
Time requested for opening statements: 60 minutes per side
The parties anticipate presenting evidence regarding the valuation of WCF during their respective cases-in-chief.
11. OTHER AGREED MATTERS
The parties agree that no party will call Esther Whetstone or Henry Whetstone, Sr., as live witnesses at the trial in this matter.
The parties stipulate to the authenticity of records produced by Esther Whetstone in this case, which are bates labeled ESW 1-41.
The parties agree that records custodians need not be called to testify to authenticate any records produced by any third-party pursuant to subpoena issued in this case. All other objections reserved.
At the start of trial, each party will provide a marked set of exhibits for the Court, the witnesses, and any other. Each party will have exchanged exhibits with each other prior to trial so each party will be responsible for making copies of their own and the other parties’ exhibits for use at trial.
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The parties have conferred regarding a court reporter for trial and agreed to split the cost.
Ten days prior to docketing sounding, the parties will exchange any demonstrative exhibits that may be used at trial. At or before docketing sounding, the parties will alert the other party to any objections to the demonstratives.
The parties agree that the issue of any party’s entitlement to attorneys’ fees will be resolved post-trial.
MURPHY & ANDERSON, P.A.
/s/ Sarah Jeck Hulsberg
NIELS P. MURPHY
Florida Bar No. 0065552 nmurphy@murphyandersonlaw.com scassidy@murphyandersonlaw.com SARAH JECK HULSBERG
Florida Bar No. 0106027 shulsberg@murphyandersonlaw.com pmarchman@murphyandersonlaw.com 1501 San Marco Blvd.
Jacksonville, FL 32207
904-598-9282 (phone)
Attorneys for Plaintiffs and Third-Party Defendants
BEDELL, DITTMAR, DeVAULT, PILLANS & COXE, P.A.
/s/ Michael E. Lockamy_____________
HENRY M. COXE, III
Florida Bar No. 155193 hmc@bedellfirm.com gad@bedellfirm.com MICHAEL E. LOCKAMY Florida Bar No. 069626 mel@bedellfirm.com he@bedellfirm.com
101 East Adams Street
Jacksonville, FL 32202
904-353-0211 (phone)
Co-Counsel for Third-Party Defendant Whetstone Chocolates, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 2, 2022 a copy of the foregoing was furnished via the Florida Courts E-Filing Portal to all counsel of record.
/s/ Sarah Jeck Hulsberg ATTORNEY
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EXHIBIT A – Joint Exhibit List
Ex. # | Description | Bates Range | Date | Î s’ #3 | Δs’ #4 |
1. | WCF Letter of Intent | HMW 1409-1415 | 12/16/08 | 1 | 14 |
2. | WCF Shareholders’ Agreement | VAW 3-22 | 2/26/09 | 2 | 19, 25, 26 |
3. | WCF Bylaws | HMW 1401-1408 | 2/26/09 | 3 | 21 |
4. | WCF Articles of Incorporation | VAW 1 | 3/2/09 | 4 | 27 |
5. | Unanimous Written Consent to Resolutions in Lieu of Organizational Meeting of the Board of Directors of WCF | VAW 31-33 | 2/26/09 | 5 | 22 |
6. | Purchase and Sale Agreement for 149 King Street | HMW 1133-1141 | 11/21/08 | 6 | 13 |
7. | Lease Agreement for 139 and 149 King Street | VAW 41-49 | 4/1/10 | 8 | 62 |
8. | Lease Extension and Modification for 139 and 149 King Street | VAW 50-51 | 4/1/12 | 9 | 180 |
9. | Lease Modification for 149 King Street | VAW 52-53 | 5/30/13 | 10 | 240 |
10. | WCF Balance Sheet, dated April 30, 2010 | HMW 320 | 5/10/10 | 12 | 73 |
11. | Bank Balance, dated May 10, 2010 | HMW 319 | 5/10/10 | 13 | 74 |
12. | May 11, 2010 Board Meeting Agenda | HMW 318 | 5/11/10 | 14 | 77 |
13. | WCF Income Statement | HMW 154 | 5/10/10 | 15 | 75 |
14. | WCF Projections email from Virginia to Hank dated January 11, 2012 with attachment | HMW 193-194 | 1/11/12 | 16 | 167 |
15. | January 12, 2012 Board Meeting Minutes with attachments | HMW 195-197 | 1/12/12 | 17 | 170- 172 |
16. | December 19, 2012 Board Meeting Minutes | HMW 350-351 | 12/19/12 | 20 | 204 |
17. | Assignment of the 149 KS Purchase and Sale Agreement from Hank to WCF, dated 12/20/2012 | HMW 1113 | 12/20/12 | 23 | 206 |
18. | Purchase and Sale Agreement for 139 King Street | HMW 1159-1168 | 3/21/09 | 26 | 28 |
19. | Emails with D. Thompson regarding closing on 139 King Street | HMW 110-112, 120-124 | 3/28/13 | 28 | 223, 232, 234 |
20. | Assignment of Purchase and Sale Agreement for 139 King Street | VAW 3389-3390 | 5/30/13 | 30 | 235 |
21. | Closing Documents for purchase of 139 King Street
| VAW 3398-3402, HMW 1255-1256, HMW 1226-1228, VAW 3412-3414 | 4/30/13 5/30/13 5/30/13 | 31 | 224, 236, 239 |
22. | 139 King Street Appraisal Report | HMW 1258-1331 | 5/7/13 | 32 | 225 |
23. | Notes prepared by Bruce for September 22, 2014 meeting with Hank explaining 139 KS transaction | HMW 1332-1334 | 9/22/14 9/22/14 | 34 | 305, 306 |
3 From Plaintiffs and Third Parties’ Exhibit List filed August 11, 2022. 4 From Defendants’ Exhibit List filed August 11, 2022.
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24. | WCF Balance Sheets prepared by Hank | HMW 3658-3659, 3739-3740 | 12/31/13 | 35 | 252 |
25. | Participation and Ticket Sale Agreement with Trusted Tours, dated 5/16/2011 | Produced by Historic Tours | 5/16/11 | 36 | 142 |
26. | February 28, 2014 email from Hank to Virginia | HMW 126-127 | 2/28/14 | 37 | 787 |
27. | Virginia Whetstone’s Employment Agreement | VAW 3386-3388 | 2/26/09 | 38 | 24 |
28. | Virginia Whetstone’s Employment Information | HMW 1392 | 11/18/13 - 7/1/14 | 39 | 810 |
29. | Virginia Whetstone’s Pay Stubs | HMW 1393 | 1/3/14- 3/28/14 | 40 | 798 |
30. | Virginia Whetstone’s Employee Summary | HMW 1391 | 41 | 798 | |
31. | Yowie Manufacturing Agreement | HMW 2352-2370 | 4/24/12 | 42 | 187 |
32. | Agreed Changes to Yowie Manufacturing Agreement | HMW 2371-2372 OR VAW 3621- 3622 | 1/30/14 | 43 | 266, 528 |
33. | Proprietary Rights and Secrecy Agreement | HMW 2745-2753 | 1/1/14 | 44 | 714- 716 |
34. | Patent and Technology License Agreement between Hank and Yowie | HMW 14-19 | 4/10/12 | 46 | 711 |
35. | Agreed Changes to Patent and Technology Agreement | HMW 11-12 | 1/30/14 | 47 | 529 |
36. | Manufacturing Services Agreement | HMW 23-25 | 4/27/12 | 48 | 708 |
37. | Technology License Agreement | HMW 6-10 | 4/27/12 | 49 | 722 |
38. | Agreement to Terminate Agreements between HMW, WIH, YEP | HMW 13 | 1/30/14 | 50 | 530 |
39. | Drafts of Manufacturing Equipment Supply Agreement between WIH and WCF | HMW00490-495; VAW3719-3729 | 4/10/12 | 53 | 183- 186 |
40. | Manufacturing Equipment Supply Agreement between WIH and WCF | HMW 2478-2485 | 4/24/12 | 54 | 189 |
41. | First Addendum to Manufacturing Equipment Supply Agreement | HMW 2486-2487 | 5/20/13 | 55 | 228 |
42. | Second Addendum to Manufacturing Equipment Supply Agreement | HMW 2496-2497 | 1/30/14 | 56 | 267 |
43. | Patent and Technology License Agreement, dated 4/10/2012 | VAW 1267-1277 | 4/10/12 | 57 | 711, 712 |
44. | Patent and Technology License Agreement, dated 4/10/2014 | HMW 2506-2513 | 4/10/14 | 58 | 279 |
45. | March 6, 2013 Letter from Hank to M. Avery re: default notice | HMW 2488-2495 | 3/6/13 | 61 | 220 |
46. | May 16, 2013 Letter from Hank to M. Avery re: default notice | HMW 580-586 | 5/16/13 | 62 | 226 |
47. | May 20, 2013 Correspondence between Hank and Yowie | HMW 587, 589- 94 | 5/20/13 | 63 | 229, 230 |
48. | September 27, 2013 Correspondence between M. Avery and Hank | HMW 604-612 | 9/27/13 | 64 | 246 |
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49. | January 2014 re-negotiation of Manufacturing Agreement and Tolling Rates | HMW 3035-3036, 2630 | 3/24/14 1/7/16 | 65 | 274, 571 |
50. | March 24, 2014 Letter to Wayne Loxton re: proprietary rights and secrecy notice | HMW 37-59 | 3/24/14 | 67 | 704 |
51. | May 13, 2014 Notice of Default from Hank to M. Avery | HMW 2770-2773 | 5/13/14 | 69 | 283 |
52. | May 15, 2014 Letter from Hank to M. Avery re: non-payment notice of default | HMW 2780-2784 | 5/15/14 | 71 | 284 |
53. | May 19, 2014 response email from M. Avery to Hank re: notice of default | HMW 3337-3338 | 5/19/14 | 72 | 581 |
54. | May 29, 2014 Withdrawal of Notice of Default | HMW 5 | 5/29/14 | 74 | 285 |
55. | March 20, 2014 Board of Directors Meeting Minutes | HMW 363-365 | 3/20/14 | 77 | 270, 272 |
56. | March 20, 2014 Board of Directors Meeting Hank Agenda Items | HMW 366, 2505, 133-134 | 3/20/14 | 79 | 271, 273 |
57. | March 31, 2014 Email from Hank to Yowie announcing Virginia is on medical leave | HMW 26 | 3/31/14 | 80 | 277 |
58. | August 21, 2014 email from Hank regarding appointment of Frank DiMare as director | HMW 2863 | 8/21/14 | 84 | 289 |
59. | Emails, dated August 28, 2014 to September 11, 2014, between Hank and Virginia re: shareholder meeting and appointing directors, Janice resigns as director | HMW 135, 2908- 2911, 2914-2920, 2924, 3520 | 8/28/14 9/8/14 9/8/14 9/10/14 9/10/14 9/10/14 9/10/14 9/11/14 | 87 | 290, 292, 293, 295, 296, 297, 298, 299, 301 |
60. | September 12, 2014 Email from Virginia to Board, re: transfer of shares to Bruce | HMW 2928 | 9/12/14 | 88 | 303 |
61. | September 12, 2014 Email from Virginia to Yowie, attaching formal letter, regarding transfer of shares to Bruce | HMW 2456-2457 | 9/12/14 | 89 | 304 |
62. | September 22, 2014 Board of Directors Meeting Agenda and related documents | HMW 153-182 | 9/22/14 | 96 | 308 |
63. | September 24, 2014 Letter from Hank to T. Dynon re: assignment | HMW 3527-3528 | 9/24/14 | 99 | 312 |
64. | October 2, 2014 email from Bruce to Hank regarding assignment of Yowie contract | HMW 4354 | 10/2/14 | 101 | 315 |
65. | October 2, 2014 email from Bruce to Hank regarding director status of Frank DiMare and Michael Spencer | HMW 2967 | 10/2/14 | 102 | 316 |
66. | WCF Pathway to move forward with Consolidation (created by Hank and presented to Bruce in October 2014) | VAW 3629-3638 | 10/1/14 | 106 | 314 |
67. | Assignment of Yowie Manufacturing Agreement | HMW 2959-2961 | 9/23/14 | 107 | 310 |
68. | Notes re: events of September 22, 2014, created by Hank | HMW 2452 | 9/22/14 | 108 | 307 |
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69. | June 10, 2014 Term Sheet for purchase of production plant with related correspondence | HMW 2822-2824, 3384-3393, 2826- 2828 | 6/10/14 | 113 | 286 |
70. | Hank’s settlement communications with Yowie | WI/WIH 9648- 9655, 9661, 9674- 9679, 9662-9673, 9656-9660, 15416-15420 & pages from RFP 112 | 9/8/15 9/15/15 | 118 | 355, 356 |
71. | WCF – Bank Account Statements - Harbor Bank/Bank of St. Augustine – Account No. 0145 - March 2009 to Jan. 2015 (missing Jan. 2011) | VAW 3818-3845; 3985-4022; HMW 849-944 | 3/2009 to 01/ 2015 (missing Jan. 2011) | 121 | 756/ 757 |
72. | WCF – Bank Account Statements – Bank of America – Account No. 8974 – Aug. 2012 to Dec. 2014 | HMW 627-755 | 8/2012 to 12/ 2014 | 756/ 757 | |
73. | WCF – Bank Account Statements – Bank of America – Account No. 2420 – Dec. 2013 to Oct. 2014 | Produced by BOA | 12/2013 - 10/2014 | 756/ 757 | |
74. | WCF Financial Statements (produced by Hank)
| HMW 3608-3872 | 2010- 2014 | 50-51, 119, 122, 160, 163, 210, 213, 252, 253, 256, 322, 327, 367, 375, 420, 428, 451, 458, 466, 473, 479, 484, 491, 496, 501, 506, 767, 768 | |
75. | WCF Income Tax Returns 2009-2021 (missing 2020 and 2021) | Edmiston 133- 140; HWM 230- 240 and unlabeled | 2009- 2021 (missing 2020 and 2021) | 54, 126, 166, 217, 260, |
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333, 377, 430, 460, 475, 486, 497, 509 | |||||
76. | WCF Tangible Personal Property Tax Returns 2011- 2013 | From Tax Appraiser’s Office | 2011- 2013 | ||
77. | Whetstone Industrial Holdings, Inc. – Bank Account Statements – Wachovia/Wells – Account No. 1597 – Jan. 2010 to July 2011 | WI/WIH 8746- 8796 | 01/2010- 07/2011 | 127 | 759 |
78. | Whetstone Industrial Holdings, Inc. – Bank Account Statements – Bank of America – Account No. 7309 – May 2012 to Nov. 2021 | WI/WIH 8797- 8963; 10737- 10805; 11376- 11505; WI/ACC/WIH 275-375 | 5/2012 - 11/2021 | 128 | 759 |
79. | Whetstone Industries, Inc. – Bank Account Statements – Bank of America – Account No. 2958 – Nov. 2010 to Oct. 2021 | WI/WIH 9073- 9647; 10806- 10952; 11506- 11585; WI/ACC/WIH 426-524 | 11/2010 - 10/2021 | 129 | 758 |
80. | Atlantic Candy Company – Bank Account Statements – CenterState Bank/Southstate Bank – Account No. 4577 – Jan. 2017 to Dec. 2021 | ACC/ACC 4253- 4268; WI/WIH 11888-11930; 18401-18568; WI/ACC/WIH 764-821 | 11/2017 - 12/2021 | 130 | 758 |
81. | Atlantic Candy Company – Bank Account Statements – Bank of America – Account No. 2190 – Jan. 2016 to Dec. 2020 | ACC/ACC 4269- 4428; WI/WIH 11586-11887; 18827-18867; WI/ACC/WIH 590-763 | 01/2016 - 12/2020 | 131 | 758 |
82. | SunBiz Record for Whetstone Industries, Inc. dated April 21, 2015 reflecting name change from Whetstone Industries to Atlantic Candy Company | 4/21/15 | 140 | 345 | |
83. | Cease and Desist Letter from Murphy & Anderson to D. Talbert dated April 13, 2015, re: use of Whetstone trademark | 4/13/15 | 141 | 343, 400 | |
84. | WC Financial Statements (2010-2019) | WC-COSA 5792- 32015, 50830- 52545, 80981- 83002 | 2010- 2019 | 143 | 120, 123, 161, 211 214, 254, 257, 323, |
19
324, 328, 329, 330, 368, 369, 372, 373, 374, 421, 422, 425, 426, 427, 452, 453, 455, 456, 457, 467, 468, 470, 471, 472, 480, 482, 483 | |||||
85. | WC Tax Returns (2008-2021) | Edmiston 23-35, 536-47, WC- COSA 891-972, 39189-39206, 41652-41674, 72841-72863 | 2008- 2021 | 144 | 16, 52, 124, 164, 215, 258, 331, 378, 431, 461, 476 |
86. | COSA Financial Statements (2009- 2019) | WC-COSA 1962- 5791, 41742- 53305, 72953- 80980 | 2009- 2019 | 145 | 118, 121, 159, 162 209, 212, 259, 320, 321, 325, 326, 365, 366, 370, 371, 418, 419, 423, |
20
424, 450, 454, 465, 469, 478, 481 | |||||
87. | COSA Tax Returns (2008-2021) | Edmiston 56-63, WC-COSA 973- 1052, 39207- 39222, 41975- 41691, 72864- 72877 | 2008- 2021 | 146 | 17, 53, 125, 165, 216, 251, 255, 332, 376, 429, 459, 474 |
88. | Minutes of WCF meeting held November 24, 2009 and hand recorded by Virginia | VAW 142 | 11/24/09 | X | 44 |
89. | Agenda for May 11, 2010 WCF Board meeting | VAW 155 | 5/11/10 | X | 76 |
90. | Hand written “WCF Mtg” minutes made by Virginia for WCF Board of Directors meeting held August 3, 2010 | VAW 157 | 8/3/10 | X | 98 |
91. | Hand notes by Virginia dated August 11, 2010 | VAW 3543-3546 | 8/11/10 | X | 100 |
92. | Markup Notes made by Virginia Manufacturing Agreement on or about March 6, 2012 | VAW 158-159 | 3/6/12 | X | 176/ 177 |
93. | WCF Board of Director meeting notes handwritten by Virginia Whetstone dated December 19, 2012 | HMW 1097-1098 | 12/19/12 | X | 205 |
94. | Closing statement dated December 20, 2012 for WCF’s purchase of 149 King Street | HMW 1066-1067 | 12/20/12 | X | 207 |
95. | Promissory Note dated December 20, 2012 reflecting seller’s mortgage between WCF and India Nicole Frei Pezzi | VAW 3624 | 12/20/12 | X | 208 |
96. | Certificate of Stock Transfer of Virginia's shares in WCF to Bruce dated September 11, 2014 | VAW 3623 | 9/11/14 | X | 300 |
97. | Shareholder Agreement between Virginia Whetstone and Bruce Maguire | VAW154 | 9/11/14 | X | 302 |
98. | Corporation Annual Report for Whetstone Chocolates, Inc. dated January 25, 2005 | T-HMW 9 | 1/25/05 | X | 6 |
99. | Articles of Incorporation for Whetstone Chocolates of St. Augustine, Inc. filed March 8, 2006 | T-HMW 11 | 3/8/06 | X | 8 |
100. | Business Separation Agreement dated February 14, 2007 between Hank and Virginia | TMW 12-14 | 2/14/07 | X | 11 |
101. | Email from Virginia to Hank dated January 11, 2012 | T-HMW 426-427 | 1/11/12 | 168 | |
102. | Email from Virginia to Hank dated January 11, 2012 | T-HMW 428 | 1/11/12 | 169 | |
103. | Email from Virginia to Hank dated January 27, 2012 with adjusted 2011 balance sheet and income statement for WCF | T-HMW 440-441 | 1/27/12 | 175 | |
104. | All depositions taken in this case | 155 | 723, 765 |
21
EXHIBIT B – Plaintiffs’ and Third-Party Defendants’ Annotated Exhibit List
Ex. # | Description | Bates Range | Date | Î s’ #5 | Objection |
1. | Assignment of the Purchase and Sale Agreement from Tringali to Hank, dated December 30, 2008 | HMW 1063 | 12/30/08 | 7 | |
2. | September 29, 2009 BOD Meeting Minutes | HMW 314 | 9/29/09 | 11 | |
3. | Notes created by Hank in August of 2014 re: late 2011 Board Meeting | HMW 125 | 18 | ||
4. | Notes created by Hank (undated) re: January 12, 2012 Board Meeting and March 20, 2014 Board Meeting | HMW 227 | 19 | ||
5. | 149 KS deposit spreadsheet | HMW 1126 | 21 | ||
6. | 149 KS loan amortization spreadsheet | HMW 1068-1072 | 22 | ||
7. | Amendment to Purchase and Sale Agreement, dated 12/20/2012 | HMW 1114 | 12/20/12 | 24 | |
8. | Affidavit filed with St. Johns County Clerk, dated 9/24/2014 | HMW 1059-1061 | 9/24/14 | 25 | |
9. | Addendum #1 to Purchase and Sale Agreement | VAW 3391 | 7/11/11 | 27 | |
10. | Emails with Prosperity Bank regarding closing on purchase of 139 King Street | VAW 273, 278 | 4/1/13 – 4/19/13 | 29 | |
11. | Document created by Hank regarding 139 King Street deposits | HMW 1167 | |||
12. | Assignment of Proprietary Rights and Secrecy Agreement | WI/WIH 7827- 7828 | 2/11/16 | 45 | |
13. | Side Agreement Between HMW and YNA | HMW 1473-1480 | 12/14/14 | 51 | |
14. | Unexecuted 2012 Lease Agreement between WI and WCF | HMW 2522-2525 | 2012 | 52 | |
15. | Patent and Technology License Agreement between Hank and WCF, dated 4/24/2012 | HMW 2514-2521 | 4/24/12 | 59 | |
16. | April 16 and 17, 2012 emails between Hank and Phil Hudson regarding status of agreements | HMW 2442-2445 | 4/16/12 – 4/17/12 | 60 | |
17. | March 21, 2014 Letter from Hank to M. Avery re: payment of invoices | HMW 35-36 | 3/21/14 | 66 | |
18. | April 10, 2014 meeting notes and agenda | HMW 3290-3297 | 4/10/14 | 68 | |
19. | May 14, 2014 emails between Hank and M. Avery re: notice of default | HMW 3327-3334 | 5/14/14 | 70 | |
20. | May 21, 2014 purchase order markup from Hank to M. Avery | HMW 3347-3351 | 5/21/14 | 73 | |
21. | September 12, 2014 emails between Hank and Yowie re: licensing and patent issues | HMW 2931-2932 | 9/12/14 | 75 | |
22. | March 5, 2014 email from Janice to Virginia | HMW 3963 | 3/5/14 | 76 | |
23. | Letter from Virginia to Hank and parents regarding chain of command issues | HMW 2503-2504 | 78 |
5 From Plaintiffs’ and Third Parties’ Exhibit List dated August 11, 2022. 22
24. | May 6, 2014 email between Virginia and Hank | HMW 3499 | 5/6/14 | 81 | |
25. | June 12, 2014 email from Hank to Cathleen Clark | HMW 3980 | 6/12/14 | 82 | |
26. | August 19, 2014 email from Hank to Rick Thorpe | HMW 3429 | 8/19/14 | 83 | |
27. | August 21, 2014 email from Henry to Hank | HMW 4110 | 8/21/14 | 85 | |
28. | August 24, 2014 email from Hank to Virginia | HMW 2866 | 8/24/14 | 86 | |
29. | September 12, 2014 Letter from Bruce to Wayne Loxton and Mark Avery regarding new shareholder | HMW 2458-2459 | 9/12/14 | 90 | |
30. | September 17, 2014 emails between Virginia and Hank re: consolidation | HMW 2934 | 9/17/14 | 91 | |
31. | Emails between Yowie and Hank, dated September 15, 2014 through September 24, 2014, re: Bruce’s involvement in weekly conference meetings | HMW 31, 33-34, 141-143 | 9/15/14 – 9/24/14 | 92 | |
32. | Emails re: information from D. Thompson and property appraiser regarding 139 King Street | HMW 4328, 2955, 4330, 2956 | 9/19/14; 9/22/14 | 93 | |
33. | September 19, 2014 email from Hank to BOD calling special meeting and September 21, 2014 email with Hank’s timeline for meeting. | HMW 2937-2952 | 9/19/14 | 94 | |
34. | September 22, 2014 email from Hank to Bruce | HMW 2467 | 9/22/14 | 95 | |
35. | September 23, 2014 email from Hank to Frank DiMare re: assignment of Yowie contract with assignment | HMW 2958-2961 | 9/23/14 | 97 | |
36. | September 23, 2014 email from R. Thorpe re: excluding Bruce and Virginia from meetings and minutes | HMW 4331 | 9/23/14 | 98 | |
37. | September 24, 2014 email from Hank to Frank DiMare re: affidavit filed by Hank with St. Johns County Clerk | HMW 4343 | 9/24/14 | 100 | |
38. | October 10, 2014 emails between Bruce and Hank | HMW 3601-3603, 2988-2989 | 10/10/14 | 103 | |
39. | October 13, 2014 email between Hank and Cathleen Clark | HMW 4404 | 10/13/14 | 104 | |
40. | October 13, 2014 email from Bruce to Hank re: BOD meeting | HMW 3606 | 10/13/14 | 105 | |
41. | September 24, 2014 email exchange with Yowie re: Bruce’s involvement in meetings to Frank | HMW 3529-3531 | 9/24/14 | 109 | |
42. | September 24, 2014 email from Hank to insurance agent | HMW 4342 | 9/24/14 | 110 | |
43. | May 12-13, 2014 emails between M. Avery and Hank | HMW 2774 | 5/12/14 – 5/13/14 | 111 | |
44. | May 30, 2014 emails between Hank and M. Avery | HMW 3367-3368 | 5/30/14 | 112 | |
45. | July 14, 2014 Letter from M. Avery to Hank | HMW 2840-2841 | 7/14/14 | 114 | |
46. | June 9, 2015 emails between Hank and Jason Kaderli | WI/WIH 169-171 | 6/9/15 | 115 |
23
47. | July 27, 2015 email from Hank to Jason Kaderli | WI/WIH 3519- 3520 | 7/27/15 | 116 | |
48. | December 16, 2013 email from Cathleen Clark to Virginia with Employee Handbook Draft | VAW548-576 | 12/16/13 | 117 | |
49. | Invoices dated May 2012 through December 2014 | HMW 757-823 | 05/2012 - 12/2014 | 119 | |
50. | Whetstone Chocolate Factory Postcard | VAW 4351-4352 | 120 | ||
51. | WCF Tangible Personal Property Tax Returns 2011-2013 | From Tax Appraiser’s Office | 2011 - 2013 | 126 | |
52. | Whetstone Industrial Holdings, Inc. – Bank Account Statements – Wachovia/Wells – Account No. 1597 – Jan. 2010 to July 2011 | WI/WIH 8746- 8796 | 01/2010 - 07/2011 | 127 | |
53. | Whetstone Industrial Holdings, Inc. – Bank Account Statements – Bank of America – Account No. 7309 – May 2012 to Nov. 2021 | WI/WIH 8797- 8963; 10737- 10805; 11376- 11505; WI/ACC/WIH 275-375 | 05/2012 - 11/2021 | 128 | |
54. | Whetstone Industries, Inc. – Bank Account Statements – Bank of America – Account No. 2958 – Nov. 2010 to Oct. 2021 | WI/WIH 9073- 9647; 10806- 10952; 11506- 11585; WI/ACC/WIH 426-524 | 11/2010- 10/2021 | 129 | |
55. | Atlantic Candy Company – Bank Account Statements – CenterState Bank/Southstate Bank – Account No. 4577 – Jan. 2017 to Dec. 2021 | ACC/ACC 4253- 4268; WI/WIH 11888-11930; 18401-18568; WI/ACC/WIH 764-821 | 01/2017 - 12/2021 | 130 | |
56. | Atlantic Candy Company – Bank Account Statements – Bank of America – Account No. 2190 – Jan. 2016 to Dec. 2020 | ACC/ACC 4269- 4428; WI/WIH 11586-11887; 18827-18867; WI/ACC/WIH 590-763 | 01/2016 - 12/2020 | 131 | |
57. | Whetstone Industries, Inc. Financial Statements
| WI/WIH 8182- 8356; 12798- 12802; WI/ACC/WIH 822-823, 834, 838, 844-845, 1071-1077 | 2008- 2021 | 132 | |
58. | Whetstone Industries, Inc. Tax Returns (2008- 2021) | WI/WIH 8471- 8718; 11169- 11203; 11347- 11374; WI/ACC/WIH 73-93, 171-211 | 2008- 2021 | 133 |
24
59. | Whetstone Industrial Holdings, Inc. Financial Statements
| WI/WIH 8357- 8470; 12821- 12826; WI/ACC/WIH 824-825, 832-833, 837, 846-848, 1078-1086 | 2008- 2021 | 134 | |
60. | Whetstone Industrial Holdings, Inc. Tax Returns (2009-2021) | WI/WIH 8471- 8718; 11204- 11240; 11319- 11346; WI/ACC/WIH 45-72, 243-270 | 2009- 2021 | 135 | |
61. | Whetstone Industrial Holdings, Inc. Tangible Personal Property Tax Returns (2017-2018, 2020- 2021 [none filed in 2019]) | WI/WIH 11282; 11297-11298; WI/ACC/WIH 1- 8 | 2017- 2018; 2020- 2021 | 136 | |
62. | Atlantic Candy Company Financial Statements
| WI-WIH 12845- 13017; 14628- 14762; WI/ACC/WIH 826-829, 830-831, 835-836, 839-843, 849-1070 | 2016- 2021 | 137 | |
63. | Atlantic Candy Company Tax Returns (2016- 2021) | ACC 4429; WI- WIH 11347- 11374; 14251- 14278; WI/ACC/WIH 9- 44, 94-170 | 2016- 2021 | 138 | |
64. | WC Factory Plans, Sept. 8, 2006 | VAW 4337-4340 | 9/8/06 | 139 | |
65. | SunBiz Record for Whetstone Industries, Inc. dated April 21, 2015 reflecting name change from Whetstone Industries to Atlantic Candy Company | 4/21/15 | 140 | ||
66. | Whetstone Chocolates Tour Guide Manual and Tasting Tour Scripts | BAM 1-23 | 4/1/16 | 142 | |
67. | Redacted attorneys’ fees records relating to New York Litigation against WCF | 8/11/10 | 147 |
25
EXHIBIT C – Defendants’ Annotated Exhibit List
Objection Key:
R – Relevance
P – Privileged
D – Not previously disclosed or not previously disclosed as marked and not immediately identifiable H – Hearsay
M – Missing (no exhibit produced) A – Authenticity/Foundation
Dup – Duplicative of other exhibit(s) I – Incomplete
J – On Joint Exhibit List
No. | Date Identified | By Whom | Objection | Date Admitted | Description | Timeline Date |
1 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Corporation Annual Report for Bayfront Inn, Inc. dated February 27, 1995 listing Henry, Esther, Hank and Virginia as directors (T- HMW00003). | 02/27/95 | |
2 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Corporation Annual Report for Whetstone Candy Company, Inc. dated February 27, 1995 listing Henry, Esther, Hank and Virginia as directors (T-HMW00002). | 02/27/95 | |
3 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Corporation Annual Report for Whetstone Chocolates Franchise, Inc. dated February 27, 1995 listing Henry, Esther, Hank and Virginia as directors (T-HMW00001). | 02/27/95 | |
4 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Articles of Merger dated July 1, 2002 merging Whetstone Candy Company, Inc. into Oak Leaf Confections of North America, Inc. (T- HMW00004). | 07/01/02 | |
5 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Articles of Incorporation of Whetstone 312, Inc., now known as Whetstone Industrial Holdings, Inc., dated August 23, 2004 (T- HMW00005-00008). | 08/23/04 | |
6 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Corporation Annual Report for Whetstone Chocolates, Inc. dated January 25, 2005 whereby Virginia deletes Hank as director, leaving Virginia, Henry and Esther as directors (T-HMW00009). | 01/25/05 | |
7 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, A | Technical Proposal 2005-07 from Hank to Phil Hudson dated May 24, 2005 for Chocolate Molding Line for Molding Chocolate Articles with Surprise Capsules costing $1,384,000.00 (HMW 01526-01534). | 05/24/05 | |
8 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Articles of Incorporation for Whetstone Chocolates of St. Augustine, Inc. filed March 8, 2006 with Virginia as PSD and Henry and Esther as Directors (T-HMW00011). | 03/08/06 | |
9 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, A | Proposal from Hank Whetstone to Phil Hudson dated June 5, 2006 for Yowie USA Development, Production and Sales Plan for Yowie Chocolate Toy Articles (HMW 01535-01540). | 06/05/06 | |
10 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, A | Document from Phil Hudson to Hank Whetstone dated October 3, 2006 regarding joint venture Yowie project (HMW 01541-01544). | 10/03/06 | |
11 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Business Separation Agreement dated February 14, 2007 between Hank and Virginia “to separate their joint business interests in the Whetstone Entities and certain other holdings” (T-HMW00012- 00014). | 02/14/07 | |
12 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Corporation Annual Report filed April 9, 2007 by Esther Whetstone deleting Hank and Virginia as Directors of Bayfront Inn, Inc. (T- HMW00015). | 04/09/07 | |
13 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Purchase and Sale Agreement dated November 21, 2008 to purchase 149 King Street (“149 PSA”) between India Nicole Pezzi and Joseph Tringali and Henry M. Whetstone Jr. (HMW 01133-01141) | 11/21/08 | |
14 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Executed Letter of Intent for Whetstone Chocolate Factory, Inc. dated December 16, 2008 between Virginia Whetstone and Hank Whetstone with hand notes reviewed by Greer Edmiston (EDMISTON00174-00180) | 12/16/08 | |
15 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Fax of WCF Letter of Intent to Edmiston dated December 16, 2008 (EDMISTON00173-00180). | 12/16/08 |
26
16 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2008 Form 1120 for Whetstone Chocolates (EDMISTON00023-00035). | 12/31/08 | |
17 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2009 Form 1120S for COSA (EDMISTON00048- 00055). | 12/31/08 | |
18 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D | Email from Bruce to Hank dated February 23, 2009 "Attached is the Equipment list prepared by Virginia." with attached Excel Spreadsheet (T-HMW01002-01004). | 02/23/09 | |
19 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Virginia's Equipment List "Exhibit A" as of February 24, 2009 with Hank approved items totaling $118,375.00 (VAW21). | 02/24/09 | |
20 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, Dup of 18 | Virginia's Exhibit A Equipment from Bruce's Excel spreadsheet (2 pages) "as of 2/24/09" with 35-line items of pipes and fittings (HMW TBD) | 02/24/09 | |
21 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Bylaws of WCF adopted via Corporate Resolution on or about February 26, 2009 (VAW 23-30). | 02/26/09 | |
22 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Corporate Resolutions organizing WCF by Unanimous Consent of Board of Directors on or about February 26, 2009 (VAW31-33) | 02/26/09 | |
23 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | COSA Depreciation Expense for Virginia's Equipment as of February 26, 2009 for calendar year 2009 (EDMISTON00348- 00349). | 02/26/09 | |
24 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Employment Agreement between Whetstone Chocolate Factory, Inc. and Virginia Whetstone dated February 26, 2009 (VAW3386-3388). | 02/26/09 | |
25 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Executed Shareholders’ Agreement for Whetstone Chocolate Factory, Inc. dated February 26, 2009 between Virginia Whetstone and Henry M. Whetstone Jr. (VAW3-22) | 02/26/09 | |
26 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | List of Hank's Exhibit B Equipment to be provided by Hank to WCF as of February 26, 2009 totaling $296,977.00 (VAW22). | 02/26/09 | |
27 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Articles of Incorporation for Whetstone Chocolate Factory, Inc. filed March 2, 2009 (T-HMW00016). | 03/02/09 | |
28 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Executed Purchase and Sale Agreement ("139 PSA") dated March 21, 2009 between Artflight Unlimited LLC and Whetstone Chocolate Factory, Inc. executed by Henry M Whetstone | 03/21/09 | |
29 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, Wrong Exhibit | Whetstone Industries, Inc. (“WI/ACC/WI”) filed March 26, 2009 (T- HMW00017). | 03/26/09 | |
30 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, R, A | Photos of Magnetic Board used to plan 149 King Street (T- HMW00545-00558). | 4/1/09 | |
31 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL Electric Utility Deposit invoice of $1,900.00 for service at 149 King Street paid May 20, 2009 by Virginia using WCF check 1003 (VAW3956) | 05/20/09 | |
32 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL Electric Utility Deposit invoice of $90.00 for service at 139 King Street paid May 20, 2009 by Virginia using WCF check 1003 (VAW3957) | 05/20/09 | |
33 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Dave Mancino Architect plans for 149 King Street dated July 2, 2009 (HMW 00969-00977). | 07/02/09 | |
34 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine PZB Zoning letter to Hank Whetstone dated July 13, 2009 granting approval for candy manufacturing as a use by exception at 149 King Street (T-HMW00029-00031). | 07/13/09 | |
35 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | City of St. Augustine Utilities Availability Letter to Hank Whetstone dated July 22, 2009 for water and sewer service at 149 King Street (HMW 00304-00305). | 07/22/09 | |
36 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | A.D. Davis proposal dated August 18, 2009 for renovations to 149 King Street costing $1,184,130.00 (HMW 00344-00349). | 08/18/09 |
27
37 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Hardy Building Design & Construction proposal dated August 18, 2009 for Renovations of 149 King Street costing $698,783.00 (HMW 00339-00342). | 08/18/09 | |
38 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | DiMare Construction proposal dated September 1, 2009 for renovations to 149 King Street costing $890,000.00 (HMW 00333- 00337). | 09/01/09 | |
39 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City Of St. Augustine Use Permit and Certificate of Occupancy for Whetstone Chocolate Factory at 149 King Street dated September 15, 2009 to conduct candy manufacturing (T-HMW00032). | 09/15/09 | |
40 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | City of St. Augustine Flood Control Variance approval letter to Hank Whetstone dated October 19, 2009 for 149 King Street (T- HMW00033). | 10/19/09 | |
41 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank to Virginia dated November 4, 2009 (HMW00407-00408). | 11/04/09 | |
42 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to David Wedderspoon of Hampton Farms dated November 6, 2009 (T-HMW00451). | 11/06/09 | |
43 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | City of St. Augustine Code Enforcement Appeals letter dated November 12, 2009 to Hank Whetstone approving a variance requested for 149 King Street (T-HMW00034-00037). | 11/12/09 | |
44 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Minutes of WCF meeting held November 24, 2009 and hand recorded by Virginia (VAW154). | 11/24/09 | |
45 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Gresham Associates invoice for insurance for Whetstone Chocolate Factory paid by Virginia on December 2, 2009 using WCF check #1020 (VAW 3938). | 12/02/09 | |
46 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Building Permit No. 2009-0879-001 issued December 16, 2009 to Hank Whetstone for renovations at 149 King Street described as “Close in Doors, New HVAC, plumbing, relocate electrical, new lighting” (T-HMW00039). | 12/16/09 | |
47 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Notice of Commencement recorded December 16, 2009 with St. Johns County for work at 149 King Street (T-HMW00038). | 12/16/09 | |
48 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL electrical service invoice for 139 King Street paid by Virginia using WCF check no. 1022 on December 17, 2009 (VAW3936) | 12/17/09 | |
49 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL electrical service invoice for 149 King Street paid by Virginia using WCF check no. 1022 on December 17, 2009 (VAW3937) | 12/17/09 | |
50 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2009 for WCF (HMW 03768). | 12/31/09 | |
51 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2009 for WCF (HMW 03775). | 12/31/09 | |
52 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2009 Form 1120 for Whetstone Chocolates (EDMISTON00036-00047). | 12/31/09 | |
53 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2009 Form 1120S for COSA (EDMISTON00056- 00063). | 12/31/09 | |
54 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2009 Form 1120S for WCF | 12/31/09 | |
55 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email and purchase order from Hank Whetstone to Dan Joliff of U.S. Roasters dated February 12, 2010 ordering a 35-kilo cocoa bean roaster costing $46,725.00 plus freight (T-HMW00452-00455). | 02/12/10 | |
56 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Augustine Attractions Association membership dues for "WC Factory" paid by Virginia on February 15, 2010 using WCF check 1028 (VAW4240). | 02/15/10 |
28
57 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email, quotation and wire transfer notice from Hank Whetstone to Jochem Dekker dated February 16, 2010 ordering BSA Chocolate Conche costing Euro 30,798.00 plus freight and customs (T- HMW00462-00469). | 02/16/10 | |
58 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase Order from Whetstone to Forsberg, Inc. dated February 16, 2010 ordering a destoner for cocoa beans costing $5,796.00 plus freight (T-HMW00470). | 02/16/10 | |
59 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase order, quotation and email from Hank Whetstone dated February 16, 2010 to Anita Soundar of Microparticle Engineers (India) ordering a Triple Roll Mill machine to refine chocolate costing $13,500.00 plus freight (T-HMW00456-00460). | 02/16/10 | |
60 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Invoice dated March 25, 2010 to pay Will Fenton "For: Moving to 149 King St." using WCF check 1038 (VAW4291) | 03/25/10 | |
61 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Invoice dated March 31, 2010 from Tony Brown paid by Virginia using WCF check no. 1121 (VAW4261-4262) | 03/31/10 | |
62 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Lease between Whetstone Chocolate Factory, Inc. and Whetstone Chocolates of St. Augustine, Inc. ("COSA") for two years commencing on April 1, 2010 (VAW41-49). | 04/01/10 | |
63 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Photo taken from video of Henry with Henry's very old Savage fire mixer and Virginia's machines taken on or about April 1, 2010. (T- HMW illegible). | 04/01/10 | |
64 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Still frame of video of Hank at 149 King Street on or about April 1, 2010 following move of Virginia's equipment from Dobbs Road (T- HMW00415). | 04/01/10 | |
65 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Still frame of video of Hank, Virginia and Bruce at 149 King Street on or about April 1, 2010 following move of Virginia's equipment from Dobbs Road (T-HMW00411). | 04/01/10 | |
66 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Still frame of video of Henry at 149 King Street on or about April 1, 2010 following move of Virginia's equipment from Dobbs Road (T- HMW00397). | 04/01/10 | |
67 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | A, D, I | Transcript of Henry' Video 00-15-22-25 (JFW 9510 TRANS-001- 002). | 04/01/10 | |
68 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Missing/Dup of 67 | Video 00-08-02-18 of Hank, Henry and Esther on or about April 1, 2010 (JFW 9510.MOV) | 04/01/10 | |
69 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | A, D, I | Video 00-15-22-25 of Henry on or about April 1, 2010 (JFW 9509.MOV) | 04/01/10 | |
70 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | A, D, I | Video 00-43-03-03 of Hank, Virginia and Bruce on or about April 1, 2010 (JFW 9511.MOV) | 04/01/10 | |
71 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Invoice from Whetstone Chocolates, Inc. to Whetstone Chocolate Factory, Inc. dated April 12, 2010 for Penske Truck Rental paid by Virginia using WCF check 1142 (VAW4299-4300). | 04/12/10 | |
72 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Request for Check payable to Will Fenton dated April 30, 2010 for movinglaboron4/28and4/29paidby VirginiausingWCFcheck 1132 | 04/30/10 | |
73 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Balance Sheet dated April 30, 2010 prepared by Virginia with Hank’s notes (VAW144). | 05/10/10 | |
74 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Financial Summary dated May 10, 2010 prepared by Hank Whetstone reviewed on May 11, 2010 WCF Board meeting (VAW143). | 05/10/10 | |
75 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Income Statement for the 4 months ended April 30, 2010 reviewed on May 11, 2010, WCF Board meeting (VAW145). | 05/10/10 |
29
76 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Agenda for May 11, 2010 WCF Board meeting (VAW142). | 05/11/10 | |
77 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Agenda for Whetstone Chocolate Factory, Inc. (“WCF”) Board Meeting May 11, 2010 (VAW142). | 05/11/10 | |
78 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase Order and technical quotation dated May 11, 2010 for Sweco 24" Separator with four particle screen sizes to separate (winnow) cocoa beans and shell costing $9,089.00 plus freight (T- HMW-00471-00474). | 05/11/10 | |
79 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase order from Whetstone to Pneu-Con Pneumatic Conveying, Inc. dated May 12, 2010 costing $1,474.00 (T-HMW00475) | 05/12/10 | |
80 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | InvoicedatedMay13,2010fromTonyBrownpaidby Virginiaon May 17, 2010 using WCF check no. 1136 (VAW4244). | 05/17/10 | |
81 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Arnett Invoice 40472 dated April 29, 2010 paid by Virginia using WCF check 1144 on May 22, 2010 in the amount of $1,471.00 (VAW4104). | 05/22/10 | |
82 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Arnett Invoice 40473 dated April 29, 2010 paid by Virginia using WCF check 1144 on May 22, 2010 (VAW4105). | 05/22/10 | |
83 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Thibault's Electrical Invoice 10235 dated April 28, 2010, paid by Virginia using WCF check 1145 on May 24, 2010 (VAW4243). | 05/24/10 | |
84 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Bruce Maguire Invoice for reimbursement to pay Joe Lindell for work paid by Virginia using WCF check 1155 on May 28, 2010 (VAW4174). | 05/28/10 | |
85 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Augustine Gas Invoice 522039 to Whetstone Chocolate Factory dated April 20, 2010 to "Install gas line and regulator" paid by Virginia using WCF check 1150 on May 28, 2010 (VAW4209). | 05/28/10 | |
86 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Application For Sign Permit dated June 4, 2010 for Whetstone Chocolate Factory, Inc. by Virginia Whetstone for 7 wall and door signs at 149 King Street in the business name "Whetstone Chocolate Factory" (VAW4084-4085). | 06/04/10 | |
87 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Application For Sign Permit dated June 4, 2010 for Whetstone Chocolate Factory, Inc. by Virginia Whetstone for a one pole sign and 5 wall and door signs at 139 King Street in the business name "Whetstone Chocolate Factory" (VAW4086-4087). | 06/04/10 | |
88 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Utility Invoice for service at 149 King Street paid June 8, 2010 by Virginia using WCF check 1107 (VAW4064). | 06/08/10 | |
89 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Application #126767 for Commercial Service with turn on date of June 9, 2010 at 139 King Street in name of Whetstone Chocolate Factory, Inc. (VAW4076) | 06/09/10 | |
90 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Application #126768 for Commercial Service with turn on date of June 9, 2010 at 149 King Street in name of Whetstone Chocolate Factory, Inc. (VAW4079). | 06/09/10 | |
91 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Cash Receipt dated June 9, 2010 for utility service charges related to 139 King Street paid by Virginia using WCF check 1108 (VAW 4082). | 06/09/10 | |
92 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Cash Receipts dated June 9, 2010 for utility service deposits related to 139 and 149 King Street paid by Virginia using WCF checks 1109 (VAW 4075). | 06/09/10 | |
93 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Use Permit and Certificate of Occupancy for Whetstone Chocolate Factory, Inc. at 139 King Street issued July 9, 2010 for tour "gallery and specialty retail" (T-HMW00045-00046). | 07/09/10 | |
94 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Wrong Exhibit | Email from Virginia to Hank dated July 14, 2010 (no Bates no - 3 pages) | 07/14/10 |
30
95 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Hand notes by Greer Edmiston dated August 2, 2010 (EDMISTON00322). | 08/02/10 | |
96 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Hand notes by Greer Edmiston dated August 3, 2010 (EDMISTON00321) | 08/03/10 | |
97 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Hand notes by Greer Edmiston dated August 3, 2010 (EDMISTON00181). | 08/03/10 | |
98 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Handwritten “WCF Mtg” minutes made by Virginia for WCF Board of Directors meeting held August 3, 2010 (VAW 155). | 08/03/10 | |
99 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase Order dated August 3, 2010 to order parts to construct water chiller to supply cold water to Virginia's gelato machine installed at 149 King Street costing $1,665.00 plus freight, controls and Hank's installation labor (T-HMW00476). | 08/03/10 | |
100 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Hand notes by Virginia dated August 11, 2010 (VAW157) | 08/11/10 | |
101 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Angels in the Architecture Invoice dated September 1, 2010 to WCF for "New lighting installation" for Whetstone Chocolate Factory paid by Virginia using WCF check 1223 on October 22, 2010 (VAW4054). | 09/01/10 | |
102 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Johns County 2010/2011 Business Tax renewal paid for 149 King Street in name of Whetstone Chocolate Factory Inc. on September 14, 2010 by Virginia using WCF check 1213 (VAW4211). | 09/14/10 | |
103 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Renewal for 2010/2011 business license to Whetstone Chocolate Factory, Inc. for physical address "139 King Street" for $37.00 due September 30, 2010 (VAW4057). | 09/30/10 | |
104 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | City of St. Augustine Renewal for 2010/2011 business license to Whetstone Chocolate Factory, Inc. for physical address "149 King Street" for $37.50 due September 30, 2010 (VAW4059). | 09/30/10 | |
105 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Invoice from Edmiston to WCF dated September 30, 2010 (EDMISTON00157). | 09/30/10 | |
106 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | WCF check 1221 dated September 30, 2010 paid to City of St. Augustine by Virginia (VAW4055). | 09/30/10 | |
107 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Virginia to Hank dated October 22, 2010 (no bates no. - 2 pages). | 10/22/10 | |
108 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Massey Company Invoice 317164 to pay for part ordered by Hank (Whetstone Industries account) to repair WCF "double stack melter" at 149 King Street paid by Virginia using WCF check 1228 on November 8, 2010 (VAW4241). | 11/08/10 | |
109 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Virginia to Hank dated November 12, 2010 (HMW00438- 00441) | 11/12/10 | |
110 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 109 | Email from Virginia to Hank dated November 12, 2010 (no bates number). | 11/12/10 | |
111 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email between Trusted Tours’ Robin Beede and Edwin Swift IV dated November 30, 2010 (T-HMW00043- | 11/30/10 | |
112 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 111 | Email from Hershel Hayo to Edwin Swift IV dated November 30, 2010 (T-HMW00061). | 11/30/10 |
31
113 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 111 | Email to Edwin Swift from Hershel Hayo dated November 30, 2010 (no bates number). | 11/30/10 | |
114 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email to Robin Beede from Edwin Swift IV dated November 30, 2010 (T-HMW000062). | 11/30/10 | |
115 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Florida Department of Agriculture 2011 Food Permit Application for "Whetstone Chocolate Factory Inc., 139 King | 11/30/10 | |
116 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Florida Department of Agriculture 2011 Food Permit Application for "Whetstone Chocolate Factory Inc. at 149 King Street (VAW4152). | 11/30/10 | |
117 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | WCF check 1233 dated November 30, 2010 to Florida Department of Agriculture for 2011 Food Permits at 139 King Street and 149 King Street (VAW4150). | 11/30/10 | |
118 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2010 for COSA from Peachtree Accounting (WC- COSA 1962). | 12/31/10 | |
119 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2010 for WCF (HMW 03767). | 12/31/10 | |
120 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2010 for Whetstone Chocolates from Peachtree Accounting (WC-COSA 5792-5793). | 12/31/10 | |
121 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2010 for COSA from Peachtree (WC-COSA 5783). | 12/31/10 | |
122 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2010 for WCF (HMW 03774). | 12/31/10 | |
123 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2010 for Whetstone Chocolates (no bates number). | 12/31/10 | |
124 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2010 Form 1120 for Whetstone Chocolates (WC-COSA 891-905). | 12/31/10 | |
125 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2010 Form 1120S for COSA (WC-COSA 973-987). | 12/31/10 | |
126 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2010 Form 1120S for WCF (no bates number). | 12/31/10 | |
127 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, A | "Projected 2011 Merged" Factory and 139 King Street (JFW036). | 02/07/11 | |
128 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, Dup | Financial Statements for Whetstone Chocolate Factory, Inc. for 12 months (JFW011-012). | 02/07/11 | |
129 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, Dup | Financial Statements for Whetstone Chocolates, Inc. for 2010-year end for King Street (JFW004-006). | 02/07/11 | |
130 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D | General Ledger Detail for Whetstone Chocolate Factory, Inc. for 2010 (JFW013-035). | 02/07/11 | |
131 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, A | List of "Assets purchased by Whetstone Chocolates for KS (JFW007). | 02/07/11 | |
132 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, A | List of account "26500-KS Leasehold Improvements KS" (JFW008- 009). | 02/07/11 | |
133 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, A | Whetstone Chocolate Factory & Retail Store 2011 Marketing Plan (JFW001-003). | 02/07/11 |
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134 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to Virginia dated February 22, 2011 (T-HMW00461). | 02/22/11 | |
135 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 134 | Email from Virginia to Hank dated February 22, 2011 (T- HMW00478). | 02/22/11 | |
136 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Augustine Historical Tours check 128000 dated February 22, 2011 to Whetstone Chocolate Factory Inc. in amount of $19.16 (T-HMW00051). | 02/22/11 | |
137 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 134 | Email from Hank Whetstone to Virginia dated February 23, 2011 (T- HMW00479). | 02/23/11 | |
138 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email and Proforma Invoice from Wolf for Buhler 3-Roll Refiner dated February 24, 2011 (T-HMW00480 and T-HMW00485). | 02/24/11 | |
139 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL Utility Deposit Invoice dated March 18, 2011 to Whetstone Chocolate Factory, Inc. for service at 139 King Street paid by Virginia (VAW4441). | 03/18/11 | |
140 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Email from Philip Stender to Janice Whetstone dated April 6, 2011 regarding freight and customs costs for Buhler 3-Roll Refiner from Germany using exchange rate of .652861 (T-HMW00481-00483). | 04/06/11 | |
141 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Bankers Insurance Invoice 4995968 for 149 King Street paid by Virginia using WCF check 1249 on April 11, 2011 (VAW4433). | 04/11/11 | |
142 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Participation and Ticket Sale Agreement between Trusted Tours of America LLC and Whetstone Chocolate Factory executed online by Virginia on May 16, 2011 (T-HMW00052-0053). | 05/16/11 | |
143 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Greer Edmiston to Hank dated June 14, 2011 (no bates number) | 06/14/11 | |
144 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Bruce dated July 1, 2011 to Hank, Virginia and Henry (no bates number). | 07/01/11 | |
145 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | M | Email from Hank to Greer Edmiston and Virginia dated July 24, 2011 (no bates number). | 07/24/11 | |
146 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL Utility Deposit Invoice dated June 20, 2011 to Whetstone Chocolate Factory for service at 139 King Street paid by Virginia on July 31, 2011 using WCF check 1273 (VAW4427). | 07/31/11 | |
147 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Johns County 2011/2012 Business Tax renewal paid for 139 King Street in name of Whetstone Chocolate Factory Inc. on August 29, 2011 by Virginia using WCF check 1279 (VAW4246). | 08/29/11 | |
148 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Tour Income Check 8067 from Tours Saint Augustine made payable to Whetstone Chocolate Factory dated September 14, 2011 (T- HMW00133). | 09/14/11 | |
149 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to Phil Hudson dated October 10, 2011 with attached letter and draft of proposed Manufacturing Agreement between Whetstone Industries, Inc. and Yowie Hudson Partners (HMW 01545-01556). | 10/10/11 | |
150 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Lease Agreement between Whetstone Industrial Holdings and Collis Roofing dated November 1, 2011 (executed 10/18/11) for 21,375 SF of 115 Whetstone Place (T-HMW00084-00089). | 10/18/11 | |
151 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | FPL Utility Deposit Invoice dated September 20, 2011 to Whetstone Chocolate Factory for service at 139 King Street paid by Virginia using by WCF check 1287 (VAW4423). | 10/25/11 |
33
152 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Florida Department of Agriculture 2012 Food Permit Application costing $340.00 for "Whetstone Chocolate Factory Inc., 139 King Street" (VAW4419). | 11/28/11 | |
153 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Florida Department of Agriculture 2012 Food Permit Application costing $345.00 for "Whetstone Chocolate Factory Inc. at 149 King Street (VAW4418). | 11/28/11 | |
154 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | WCF check 1294 dated November 28, 2011 to Florida Department of Agriculture in the amount of $685.00 for 2012 Food Permits at 139 King Street and 149 King Street (VAW4417). | 11/28/11 | |
155 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Pacetti Appraisal order by Bruce on behalf of WCF dated December 5, 2011 Sebastian Haror Drive (School Board) building (HMW 01187-01188). | 12/05/11 | |
156 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Phil Hudson to Hank dated December 8, 2011 with overview document attached concerning "Whetstone/Hudson JV (joint venture) “proposal" (HMW 01601-01603). | 12/08/11 | |
157 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to Phil Hudson dated December 9, 2011 with attached comments (HMW 01607-01608). | 12/09/11 | |
158 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Email from Bruce to Hank dated December 16, 2011 (no bates number) | 12/16/11 | |
159 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2011 for COSA from Peachtree Accounting (WC- COSA 1963). | 12/31/11 | |
160 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2011 for WCF (HMW 03758). | 12/31/11 | |
161 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2011 for Whetstone Chocolates from Peachtree Accounting (WC-COSA 5794-5795). | 12/31/11 | |
162 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2011 for COSA from Peachtree (WC-COSA 5784). | 12/31/11 | |
163 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2011 for WCF (HMW 03744). | 12/31/11 | |
164 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2011 Form 1120 for Whetstone Chocolates (WC-COSA 906-916). | 12/31/11 | |
165 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2011 Form 1120S for COSA (WC-COSA 988-997). | 12/31/11 | |
166 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2011 Form 1120S for WCF (no bates number). | 12/31/11 | |
167 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated January 11, 2012 (T- HMW01000- | 01/11/12 | |
168 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated January 11, 2012 (T-HMW00426- 00427). | 01/11/12 | |
169 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated January 11, 2012 (T- HMW00428). | 01/11/12 | |
170 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | “Factory Tour Attendance Projections” provided by Virginia to WCF Board on January 12, 2012. (HMW 00197). | 01/12/12 | |
171 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | “King Street Operation Projection for Year 2012” provided by Virginia to WCF Board on January 12, 2012 (HMW 00196). | 01/12/12 | |
172 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Minutes of January 12, 2012 WCF Board of Directors (HMW 00195). | 01/12/12 |
34
173 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 171, 172 | WCF Meeting Minutes of Board meeting held January 12, 2012 with King Street Operation Projections and Factory Tour Attendance Projections (T-HMW00431-00432). | 01/12/12 | |
174 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from David Chatterton of Old Town Trolley Tours of St. Augustine to Edwin Swift IV dated January 19, 2012 (T- HMW00066). | 01/19/12 | |
175 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated January 27, 2012 with adjusted 2011 balance sheet and income statement for WCF (T-HMW00440- 00441). | 01/27/12 | |
176 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Markup Notes made by Virginia Manufacturing Agreement on or about March 6, 2012 (VAW3543-3546). | 03/06/12 | |
177 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Markup notes to Manufacturing Agreement made by Virginia on or about March 6, 2012 (VAW3543-3557). | 03/06/12 | |
178 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Email from Hank to Virginia dated March 14, 2012 (T-HMW00442). | 03/14/12 | |
179 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | St. Johns County 2011 Tangible Ad Valorem Tax bill paid for equipment owned by WCF at 149 King Street paid by Virginia using WCF check 1310 (VAW4600). | 03/31/12 | |
180 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Lease Extension and Modification between Whetstone Chocolate Factory, inc. and Whetstone Chocolates of St. Augustine, Inc. dated April 1, 2012 extending lease for 10 years to March 31, 2022 (VAW50-51). | 04/01/12 | |
181 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | See MIL, D, A, H | Letter from Hank Whetstone to WCF Board of Directors dated April 4, 2012 (T-HMW00121-00123). | 04/04/12 | |
182 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Tour Income Check 00014299 from Trusted Tours of America LLC made payable to Whetstone Chocolate Factory, Inc. dated April 5, 2012 (T-HMW00134). | 04/05/12 | |
183 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Markup notes made by Virginia on Manufacturing Equipment Supply Agreement on or about April 10, 2012 (VAW3724-3727). | 04/10/12 | |
184 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Markup notes to Manufacturing Equipment Supply Agreement made by Virginia on or about April 10, 2012 (VAW3724-3728). | 04/10/12 | |
185 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Virginia's hand markup and review of draft Manufacturing Equipment Supply Agreement ("First MESA-1 Draft") on or about April 10, 2012 (VAW3719-3723). | 04/10/12 | |
186 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Virginia's hand markup and review of revised draft Manufacturing Equipment Supply Agreement ("Second MESA-1 Draft") on or about April 10, 2012 with changes to Section 5 (VAW3724-3729). | 04/10/12 | |
187 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | “Manufacturing Agreement” between Whetstone Chocolate Factory, inc. and Yowie North America, Inc. executed by Henry M. Whetstone Jr. and Phil Hudson on April 24, 2012 (HMW 02352- 02370). | 04/24/12 | |
188 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 188 | J | Executed Manufacturing Agreement ("MESA-1") between Whetstone IndustrialHoldings,Inc.andWhetstoneChocolate Factory Inc. dated April 24, 2012 (HMW02478-02483). | 04/24/12 |
189 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Manufacturing Equipment Supply Agreement (“MESA-1”) between Whetstone Industrial Holdings, Inc. and Whetstone Chocolate Factory, Inc, dated April 24, 2012 (HMW 02478-02484). | 04/24/12 | ||
190 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 188 and 189 | Virginia's file copy of executed Manufacturing Agreement ("MESA- 1") dated April 24, 2012 (VAW3712-3717). | 04/24/12 | |
191 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Invoice from Commodity Processing Systems Ltd (England) to Whetstone Chocolate Factory, Inc. dated June 14, 2012 for Gordon's "CCI catador winnower for cocoa nib separating" and "Limprimita Cocoa Breaker" paid by Hank on July 31, 2012 (T-HMW00486). | 06/14/12 |
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192 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank to Virginia and Bruce dated July 15, 2012 (VAW316-317). | 07/15/12 | |
193 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Redacted email dated July 23, 2012 at 4:33pm from Greer Edmiston to Virginia (EDMISTON00309-00310). | 07/23/12 | |
194 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Redacted email dated July 23, 2012 at 5:24pm from Greer Edmiston to Virginia (EDMISTON00021). | 07/23/12 | |
195 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | D, A, H | List of Hank's Exhibit B Bean-to-Bar Equipment actually delivered by Hank to WCF through October 4, 2012 (T-HMW00331). | 10/04/12 | |
196 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 196 | List of Hank's Exhibit B Bean-to-Bar Equipment delivered by Hank to WCF t(T-HMW00331). | 10/04/12 | |
197 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Purchase Order from Whetstone Chocolate Factory to TLM Packaging dated October 4, 2012 ordering chocolate bar wrapping machine set for 3 sizes costing Euro 15,600.00 plus freight and customs duty paid by Hank (HMW00530). | 10/04/12 | |
198 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Florida Department of Agriculture 2013 Food Permit Application paid by WCF check 1339 for "Whetstone Chocolate Factory Inc., 139 King Street" (VAW4583). | 11/08/12 | |
199 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | WCF check 1339 dated November 8, 2012 to Florida Department of Agriculture for 2013 Food Permit at 139 King Street (VAW4582). | 11/08/12 | |
200 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | WCF check 1343 dated November 27, 2012 to Florida Department of Agriculture paid by Virginia for 2013 Food Permit at 149 King Street (VAW4580). | 11/27/12 | |
201 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Virginia to Hank dated December 12, 2012 (no bates number) | 12/12/12 | |
202 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Randy Hoff of Ripley's St' Augustine Attractions to Virginia Whetstone dated December 14, 2012 (T-HMW00068). | 12/14/12 | |
203 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Yowie market announcement dated December 17, 2012 regarding completion of Yowie Enterprises and Yowie Sale Agreement (T- HMW00099). | 12/17/12 | |
204 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Board minutes of meeting held December 19, 2012 with Virginia's hand notes and typed version of her notes (T-HMW00324- 00326). | 12/19/12 | |
205 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Board of Director meeting notes handwritten by Virginia Whetstone dated December 19, 2012 (VAW158-159). | 12/19/12 | |
206 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Assignment of 149 PSA from Hank to WCF executed prior to closing with Bruce and Virginia as witnesses dated December 20, 2012 (HMW 01113). Closing Statement dated December 20, 2012 for WCF’s purchase of 149 King Street WCF (HMW 01097-01098). | 12/20/12 | |
207 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | 12/20/12 | ||
208 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Promissory Note dated December 20, 2012 reflecting seller’s mortgage between WCF and India Nicole Frei Pezzi (HMW 01066-01067). | 12/20/12 | |
209 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2012 for COSA from Peachtree Accounting (WC- COSA 1964). | 12/31/12 | |
210 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2012 for WCF (HMW 03759-03760). | 12/31/12 |
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211 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2012 for Whetstone Chocolates from Peachtree Accounting (WC-COSA 5796-5797). | 12/31/12 |
212 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2012 for COSA from Peachtree (WC-COSA 5785). | 12/31/12 | |
213 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2012 for WCF (HMW 03743). | 12/31/12 | |
214 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2012 for Whetstone Chocolates (no bates number). | 12/31/12 | |
215 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2012 Form 1120 for Whetstone Chocolates (WC-COSA 917-927). | 12/31/12 | |
216 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2012 Form 1120S for COSA (WC-COSA 998-1009). | 12/31/12 | |
217 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2012 Form 1120S for WCF (no bates number). | 12/31/12 | |
218 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Tour Income check 9443 from Tours St. Augustine, Inc. made payable to Whetstone Chocolate Factory dated February 18, 2013 (T- HMW00135). | 02/18/13 | |
219 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Hand notes by Greer Edmiston on or about March 1, 2013 (EDMISTON00323). | 03/01/13 | |
220 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Notice of Default dated March 6, 2013 from Whetstone Chocolate Factory, Henry M. Whetstone Jr. and Whetstone Industrial Holdings to Yowie entities (HMW 02488-02490). | 03/06/13 | ||
221 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Yowie Market Announcement dated March 6, 2013 regarding removal of Phil Hudson as director of Yowie (T-HMW00100). | 03/06/13 | |
222 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Email from Mark Avery dated March 19, 2013 regarding visit by Yowie Board to St. Augustine on March 28, 2013 (T-HMW00101- 00102). | 03/19/13 | |
223 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Bruce to David Thompson dated March 28, 2013 (VAW 267) | 03/28/13 | |
224 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Prosperity Bank loan commitment letter to Whetstone Chocolates, Inc dated April 30, 2013 for the purchase of 139 King Street (VAW3398-3402). | 04/30/13 | |
225 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Appraisal Report dated May 7, 2013 of 139 King Street for Prosperity Bank (HMW 01258-01323). | 05/07/13 | |
226 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Letter from Hank Whetstone on behalf of Whetstone Chocolate Factory to Mark Avery dated May 16, 2013 (VAW3560-3564). | 05/16/13 | |
227 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Letter from Hank Whetstone to Mark Avery dated May 16, 2013 “Patent and Technology License Agreement." (VAW3565-3566). | 05/16/13 | |
228 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | First Addendum to Manufacturing Equipment Supply Agreement ("MESA-2") dated May 20, 2013 (HMW 02486-02487). | 05/20/13 | |
229 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Letter from Mark Avery to Hank Whetstone dated May 20, 2013 (VAW492-494). | 05/20/13 |
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230 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Letter to Mark Avery from Hank Whetstone dated May 20, 2013 (VAW3567). | 05/20/13 | |
231 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Preliminary Closing Statement for 139 King Street dated 5/21/2013 from title company naming Borrower as “Whetstone Chocolate Factory, Inc.” (LT-00170-00171). | 05/21/13 | |
232 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Bruce to David Thompson dated May 23, 2013 (VAW291). | 05/23/13 | |
233 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, I, D | Letter from Hank to Andy Terrel dated May 26, 2013 advising “I am convinced that Yowie is moving forward” and “I have decided to put all Yowie production into the 115 [Whetstone Place] building.” | 05/26/13 | |
234 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from David Thompson to Bruce dated May 27, 2013 (LT- 00162-00163). | 05/27/13 | |
235 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Assignment of Purchase and Sale Agreement dated May 30, 2013 for WCF’s 139 PSA from WCF to Whetstone Chocolates (VAW3389- 3390). | 05/30/13 | |
236 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Commercial Promissory Note between Prosperity Bank and Whetstone Chocolates, Inc. dated May 30, 2013 executed by Virginia (VAW3412-3414). | 05/30/13 | |
237 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Copy of unexecuted 139 PSA that Virginia provided to Land Title and/or Prosperity (LT-00180-00185). | 05/30/13 | |
238 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Email from Hank to Paul Ginter (Collis Roofing) dated May 30, 2013 advising "I gave Collis a 90-day notice to end the lease [at 115 Whetstone Place] because we need the building again for candy manufacturing." (T-HMW00094-00095). | 05/30/13 | |
239 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Executed Closing Statement for 139 King Street with corrected borrower (Whetstone Chocolates, inc.) executed by Virginia and Seller on May 30, 2013 (VAW3406-3408). | 05/30/13 | |
240 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Lease Modification dated May 30, 2013 (VAW52- 53). | 05/30/13 | |
241 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Email and letter between Hank and Paul Ginter (Collis Roofing) dated July 3, 2013 (T-HMW00096-00098). | 07/03/13 | |
242 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Virginia to Greer Edmiston dated August 6, 2013 (EDMISTON00164). | 07/27/13 | |
243 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Redacted Email Greer Edmiston to Virginia dated July 27, 2013 (EDMISTON00014). | 07/27/13 | |
244 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Redacted Email from Virginia to Greer Edmiston dated August 6, 2013 (EDMISTON00015). | 08/06/13 | |
245 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Email from Mark Avery to Hank Whetstone dated September 25, 2013 regarding Mike Stockley with Yowie product at Pack Expo in Las Vegas (T-HMW00106) | 09/25/13 | |
246 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Letter from Hank Whetstone to Mark Avery dated September 27, 2013 (VAW3575-3579). | 09/27/13 | |
247 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Letter from Virginia Whetstone on behalf of WCF to Mark Avery on or about September 27, 2013 (VAW3580-3582). | 09/27/13 |
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248 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | ADP Earnings Statement from Whetstone Chocolate Factory, Inc. for Virginia A Whetstone with pay period date starting December 16, 2013 (T-HMW00382). | 12/16/13 | |
249 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email Rick Thorpe to Virginia discussing First Yowie Production commencing December 17, 2013 (T-HMW00107-00108). | 12/17/13 | |
250 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | Dup of 249 | Yowie Production Commences (T-HMW00327) | 12/17/13 | |
251 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2013 for COSA from Peachtree Accounting (WC- COSA 1965). | 12/31/13 | |
252 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2013 for WCF (HMW 03658-03659). | 12/31/13 | |
253 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2013 for WCF Virginia's versions without 139 King Street (HMW 03761). | 12/31/13 | |
254 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Balance Sheet 2013 for Whetstone Chocolates from Peachtree Accounting (WC-COSA 5798-5799). | 12/31/13 | |
255 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2013 for COSA from Peachtree (WC-COSA 5786). | 12/31/13 | |
256 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2013 for WCF Virginia's Version (VAW1173). | 12/31/13 | |
257 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Income Statement 2013 for Whetstone Chocolates (tbd). | 12/31/13 | |
258 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2013 Form 1120 for Whetstone Chocolates (WC-COSA 928-940). | 12/31/13 | |
259 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2013 Form 1120S for COSA (WC-COSA 1010-1021). | 12/31/13 | |
260 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Tax Return 2013 Form 1120S for WCF (tbd). | 12/31/13 | |
261 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Mark Avery to Hank dated January 28, 2014 regarding "... we land at Jacksonville at 12 noon on Tuesday 28th and will drive straight to St. Augustine..." (HMW 03080). | 01/28/14 | |
262 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Virginia'sHandNotesdatedJanuary29,2014 (VAW3618). | 01/29/14 | |
263 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Virginia's Hand Notes dated January 29, 2014 from Yowie meeting in St. Augustine (VAW3603-3606). | 01/29/14 | |
264 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Virginia's Hand Notes on or about January 29, 2014 regarding "Yowie Counter Proposal" (VAW3616). | 01/29/14 | |
265 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Agreed Changes to Henry M Whetstone and Yowie North America, Inc. Patent and Technology License Agreement dated January 30, 2014 (HMW 01443-01444). | 01/30/14 | |
266 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Agreed Changes to Whetstone Chocolate Factory and Yowie North America Manufacturing Agreement dated January 30, 2014 (VAW3621-3622). | 01/30/14 | |
267 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Second Addendum to Manufacturing Equipment Supply Agreement ("MESA-3") dated January 30, 2014 (HMW 02496-02497). | 01/30/14 | |
268 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Email from Greer Edmiston to Virginia dated March 20, 2014 (EDMISTON00257). | 03/20/14 |
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269 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Virginia to Greer Edmiston dated March 20, 2014 (EDMISTON00236-00237). | 03/20/14 | |
270 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Virginia’s copy of WCF Board meeting agenda for March 20, 2014 with hand notes (VAW171). | 03/20/14 | |
271 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Virginia’s WCF Board meeting notes from March 20, 2014 (VAW174). | 03/20/14 | |
272 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Board Meeting Agenda for March 20, 2014 with proposed changes, Memo and handwritten minutes (VAW171-174). | 03/20/14 | |
273 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | WCF Board minutes of meeting held March 20, 2014 Hank's typed version of Virginia's notes (T-HMW00328). | 03/20/14 | |
274 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Proprietary Rights and Secrecy Notice from Hank Whetstone to Wayne Loxton dated March 24, 2014 (HMW 03235-03246). | 03/24/14 | |
275 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | ADP Earnings Statement from Whetstone Chocolate Factory, Inc. for Virginia A Whetstone with pay date of March 28, 2014 (T- HMW00383). | 03/28/14 | |
276 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Bruce to Hank dated March 28, 2014 (T-HMW00444- 446). | 03/28/14 | |
277 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank Whetstone dated March 31, 2014 to Yowie and Bruce Maguire (HMW 03492). | 03/31/14 | |
278 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | IRS Form 1120S for WCF filed April 4, 2014 which was prepared by Hall & Edwards (HMW 03913-03932). | 04/04/14 | |
279 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Executed Patent and Technology License Agreement dated April 10, 2014 (with corrected year) between Henry M Whetstone Jr and Whetstone Chocolate Factory (HMW 02506-02512). | 04/10/14 | |
280 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to Virginia dated April 18, 2014 (HMW 02568). | 04/18/14 | |
281 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Email from Hank Whetstone to Virginia dated April 22, 2014 (HMW 02569). | 04/22/14 | |
282 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | IRS penalty dated April 28, 2014 for late filing Whetstone Chocolate Factory Form 1120S tax return for Tax year ended | 04/28/14 | |
283 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Notice of Default from Hank Whetstone (as patent holder) to Mark Avery dated May 13, 2014 regarding patent royalty payments (HMW 02771-02773). | 05/13/14 | |
284 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | Letter from Hank Whetstone (as patent holder) to Mark Avery dated May 15, 2014 regarding Non-Payment Default Notice (HMW 03339- 03343). | 05/15/14 | |
285 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email and letter from Hank Whetstone to Mark Avery dated May 29, 2014 withdrawing Notice of Default concerning royalty payments (HMW 02808-02809). | 05/29/14 | |
286 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email and Term Sheet from Wayne Loxton to Hank Whetstone dated June 10, 2014 regarding purchase of certain assets from Whetstone Chocolate Factory and Henry M. Whetstone, Jr (HMW 03382- 03391). | 06/10/14 | |
287 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Berkshire Hathaway real estate contract dated August 20, 2014 between Whetstone Properties LLC and Marion Motor Lodge LLC (T-HMW00312-00313). | 08/20/14 |
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288 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R, D | Bayfront Inn financial statements for 2013 produced by Esther Whetstone on or about August 20, 2014 (T-HMW00314-00315). | 08/21/14 | |
289 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated August 21, 2014 (HMW 02863). | 08/21/14 | |
290 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated August 28, 2014 (HMW 002893). | 08/28/14 | |
291 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | R | Redacted Email from Edmiston dated September 1, 2014 (EDMISTON00017). | 09/01/14 | |
292 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 8, 2014 (HMW 02908). | 09/08/14 | |
293 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 8, 2014 (HMW 02907). | 09/08/14 | |
294 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | I | Email from Virginia to Greer Edmiston dated September 8, 2014 with 2 attachments (EDMISTON00185-00186). | 09/08/14 | |
295 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 10, 2014 at 2:51 pm (HMW 02914). | 09/10/14 | |
296 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 10, 2014 at 3:12 pm (HMW 02917). | 09/10/14 | |
297 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 10, 2014 at 9:21am (HMW 02910). | 09/10/14 | |
298 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated September 10, 2014 at 8:16am (HMW-04283). | 09/10/14 | |
299 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to Hank dated September 10, 2014 (HMW 04285-04286). | 09/10/14 | |
300 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Certificate of Stock Transfer of Virginia's shares in WCF to Bruce dated September 11, 2014 (VAW3419). | 09/11/14 | |
301 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Hank to Virginia dated September 11, 2014 at 5:06 pm (HMW 02924). | 09/11/14 | |
302 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Shareholder Agreement between Virginia Whetstone and Bruce Maguire dated September 11, 2014 (VAW3623). | 09/11/14 | |
303 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Email from Virginia to hank dated September 12, 2014 (T- HMW00317). | 09/12/14 | |
304 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Letter from Virginia Whetstone to Hank Whetstone dated September 12, 2014 (HMW 02457). | 09/12/14 | |
305 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | “Payment of Equity” document presented by Bruce Maguire at September 22, 2014 WCF board meeting (HMW 01332). | 09/22/14 |
41
306 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | “Regarding 139 King Street” document presented by Bruce Maguire at September 22, 2014 WCF board meeting (HMW 01333-01334). | 09/22/14 | |
307 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Hank’s “Notes regarding Events of September 22, 2014” (HMW02452). | 09/22/14 | |
308 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Meeting Agenda and handouts for September 22, 2014 WCF Board Meeting - 25 pages attached (T-HMW00619-00645) | 09/22/14 | |
309 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | H, 1st MIL | Appraisal Report dated November 5, 2020 of 149 King Street as of September 23, 2014,(PACETTI 176-242). | 09/23/14 | |
310 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Notarized “Assignment of Contract” dated September 23, 2014 whereby Hank Whetstone assigns the Yowie contract from WCF to Whetstone Industries (HMW 02449-02451). | 09/23/14 | |
311 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | H, D, A | Summary of Yowie Production, Revenue and Profit prepared by Hank prior to "Assignment" on September 23, 2014 (T- HMW00109). | 09/23/14 | |
312 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Notice to Yowie dated September 24, 2014 sent by email to Tony Dynon outlining assignment of contract and rationale for moving production from 149 King Street to 115 Whetstone Place (HMW 02454-02455). | 09/24/14 | |
313 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | OK | “Agreement to Separate” sent by Bruce to Hank on October 2, 2014 (HMW 04355-04356). | 10/01/14 | |
314 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J | Hank’s “WCF Pathway to move forward with Consolidation” with Virginia’s hand notes (VAW3629-3630). | 10/01/14 | |
315 | 8/11/2022 | Defendants / Counter- Plaintiff / Third-Party Plaintiff | J |