Clean Up City of St. Augustine, Florida: Internecine Candy Mfg. Litigation -- Whetstone v. Whetstone -- 10 Day trial in October 2022

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.

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’

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.

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)	Did Hank breach his fiduciary duty to WCF when he: o assigned the Yowie Manufacturing Agreement to WI? o failed to remit payments made by Yowie to WCF? o usurped the opportunity to manufacture the Toybox product? o engaged in self-dealing by executing agreements that benefitted himself and his companies at the expense of WCF and paid himself and his companies grossly excessive fees? What are the damages to WCF as a result of Hank’s breaches of his fiduciary duty?
Count IV (usurpation of corporate opportunities)	Was WCF financially capable of undertaking the opportunity to manufacture the Toybox product? Did the opportunity to manufacture the Toybox product fit into WCF’s activities at the time it arose or into an established corporate policy? What are the damages to WCF as a result of Hank’s usurpation of the opportunity to manufacture the Toybox product?
Count V (conversion)	Was the Yowie Manufacturing Agreement an asset that belonged to WCF prior to Hank’s assignment of that contract to his own company? Did Hank deprive WCF of the Yowie Manufacturing Agreement by assigning it to WI? Did WCF’s Board of Directors authorize the assignment of the Yowie Manufacturing Agreement from WCF to WI? What was the fair market value of the Yowie Manufacturing Agreement as of September 23, 2014?

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)	Through the assignment of the Yowie Manufacturing Agreement to WI, did Hank/WI receive a benefit that would be inequitable for him to retain? What was the value of the benefit received by Hank/WI through the assignment of the Yowie Manufacturing Agreement?
Counts IX & X (declaratory judgment and recission of WCF/Hank agreements)	Did WCF’s Board of Directors authorize Hank to execute the WCF- Hank Agreements dated April 10, 2012, April 24, 2012, or April 10, 2014 on WCF’s behalf? Are the WCF-Hank Agreements dated April 10, 2012, April 24, 2012, or April 10, 2014 invalid and void?
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)	Did WCF’s Board of Directors authorize Hank to execute the WCF-WIH Manufacturing Equipment Supply Agreement on WCF’s behalf? Is the WCF-WIH Manufacturing Equipment Supply Agreement invalid and void?
Count XV (tortious interference)	Was Hank and his companies’ interference with WCF’s relationship with Yowie unjustified? What are the damages to WCF caused by Hank’s 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?

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? o By failing to provide a personal guarantee necessary to secure financing for the purchase of 139 King Street? o By usurping corporate opportunities and failing to bring such opportunities to WCF? o By interfering with Virginia and Bruce’s right to participation in the management and affairs of WCF? o By retaining Hall & Edwards, P.A. to prepare and file WCF’s Tax Returns? Were Virginia and Bruce damaged as a result of Hank’s breaches of the WCF Shareholder’s Agreement? What are the damages to Virginia and Bruce as a result of Hank’s breaches of the Shareholder’s Agreement?
Counts XIX & XX(trademark infringement)	Does Virginia have protected rights in the trade name “Whetstone” when used in connection with chocolate and other confectionary products? Did Hank and WI use the Whetstone trade name in connection with the manufacture of chocolate? o If so, during what period of time? Was Hank’s and WI’s use of the Whetstone trade name likely to cause customer confusion? What are the damages to Virginia as a result of Hank’s and WI’s use of the “Whetstone” trade name?
Count XXI (declaratory judgment – 139 KS)	Is the Assignment of the Purchase and Sale Agreement for 139 King Street valid? Do WCF or Hank have any ownership interest in the real property located at 139 King Street? Did Hank waive or should Hank be estopped from asserting any claim with respect to 139 King Street by virtue of his refusal to provide a personal guarantee to allow WCF to obtain financing to purchase that property?

Count XXII (declaratory judgment – WC and COSA)	Did Virginia ever agree to consolidate COSA and/or WC’s operations into WCF? Does the WCF Shareholder’s Agreement mandate consolidation of WC and COSA into WCF as a result of their occupancy of 139 King Street and 149 King Street, respectively? Do WCF or Hank have any ownership interest in COSA or WC?
Count XXIII (violation of Fraudulent Transfer Act)	Were Hank’s transfers of the Ferrara Agreement and the Toybox production from WI/ACC/WI to ACC/ACC fraudulent under Fla. Stat. § 726.105? What is the appropriate remedy for Hank’s violation of Fla. Stat. § 726.105?
Count XIV (judicial dissolution)	Is judicial dissolution warranted under Fla. Stat. § 607.1430? Is it equitable to set aside or modify Hank’s § 607.1436 election? What is the fair value of WCF’s shares? Are Plaintiffs entitled to an award of their expenses, including reasonable fees and expenses of counsel, pursuant to Fla. Stat. § 607.1436(5)?

Defendants’ Counterclaims in Second Amended Counterclaim (Dkt. 317):
Defendants’ Third-Party Claims in Amended Third Party Complaint (Dkt. 259):

UNDISPOSED ISSUES OF LAW, PROCEDURE, OR EVIDENCE
1. Plaintiffs and Third-Party Defendants’ First Motion in Limine (filed 8/30/22)
2. Plaintiffs and Third-Party Defendants’ Second Motion in Limine (filed 9/2/22)
3. Objections to exhibits.
4. Entitlement to pre-judgment interest and date(s) from which interest accrues.
5. Valuation per Election to Purchase.
SPECIAL DAMAGES TO BE PROVEN AT TRIAL

Undetermined at this time.

ANNOTATED EXHIBIT LISTS2
1. The Parties’ Joint Exhibit List is attached hereto as Exhibit A.
2. Plaintiffs’ and Third-Party Defendants’ exhibit list is attached hereto as Exhibit B.
3. Defendants’ exhibit list is attached hereto as Exhibit C.
ANNOTATED WITNESS LISTS
1. Plaintiff’s and Third-Party Defendants’ witness list is attached hereto as Exhibit D.
2. 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.

	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

	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.

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

EXHIBIT A – Joint Exhibit List

Ex. #	Description	Bates Range	Date	Πs’ #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 Commitment Letter Warranty Deed Closing Statement Promissory Note	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.

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

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

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) General Ledgers (2011-2014) Balance Sheets (2012-2014) P&L Statements (2010-2014) Check Register (2010-2014) General Journal (2010-2014)	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,

					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,

					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,

					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

EXHIBIT B – Plaintiffs’ and Third-Party Defendants’ Annotated Exhibit List

Ex. #	Description	Bates Range	Date	Πs’ #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

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 Balance Sheets (2008-2021) Income Statements (2008-2021)	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

59.	Whetstone Industrial Holdings, Inc. Financial Statements Balance Sheets (2008-2021) Income Statements (2008-2021) General Ledgers (2008-2021)	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 Balance Sheets (2016-2021) Income Statements (2016-2021) General Ledgers (2016-2021)	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

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

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 Jr. (VAW3392-3397).	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

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

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 (VAW4290).	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

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

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- 00044).	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

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 Street" (VAW4151).	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

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

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- 01001).	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

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	Dup of 188		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

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

211

8/11/2022

Defendants / Counter- Plaintiff / Third-Party Plaintiff

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

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.” (no bates number)	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

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

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 12/31/2013 (HMW 02819).	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

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

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

Monday, September 12, 2022

Internecine Candy Mfg. Litigation -- Whetstone v. Whetstone -- 10 Day trial in October 2022