FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
`INDEX NO. 151627/2019
`RECEIVED NYSCEF: 01/11/2021
`RECEIVED NYSCEF: 01/11/2021
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`EXHIBIT “D”
`EXHIBIT “D”
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`Plaintiff,
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`DONALD LEONE,
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`-against-
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`BROWN-FORMAN CORPORATION,
`MICHAEL ACCORSI, as an aider and abettor,
`DANIELLE GOODSON, as an aider and abettor,
`JOEL ELMER, as an aider and abettor,
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`DIANE NGUYEN as an aider and abettor
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`Defendants,
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`Index No. 151627/2019
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`To:
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`Subpoena of Non-Party Witness Pursuant to the CPLR and Subpoena duce tecum
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`Leo Mueller
`New Rochelle Liquors, LLC d/b/a
`Wine & Spirits Discount Warehouse
`18 Joyce Road
`New Rochelle, NY 10801
`Tel: (914) 712-3111
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`WE COMMAND YOU, pursuant to CPLR § § 3106(b), (d), 3110, and 3111 that all
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`business and excuses, being laid aside, to appear and attend before a notary public or other
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`person authorized to administer the necessary oath(s) on the 31st day of March 2020, at 12:30
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`p.m. at Deitz Lexitas Court Reporting, 50 Main Street, Suite 1000, White Plains, NY 10606 to
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`provide testimony and give evidence before trial in this action, as a witness. This oral
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`examination will be recorded stenographically and will continue from day to day until
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`completed.
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`1
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`That the said person to be examined is required to produce at such examination the
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`following: any and all relevant information pertaining to the above captioned lawsuit, including
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`but not limited the requested documents as set forth in Exhibit “A.”
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`Failure to comply with this subpoena is punishable as a contempt of Court and shall make
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`you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed
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`fifty dollars and all damages sustained by reason of your failure to comply.
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`STEWART LEE KARLIN
`LAW GROUP, P.C.
`Attorneys for Plaintiff
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` _________________________
`STEWART LEE KARLIN, ESQ.
`111 John Street, 22nd Floor
`New York, New York 10038
`(212) 792-9670
`Dan@stewartkarlin.com
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`Dated: New York, New York
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`March 4, 2020
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`2
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`EXHIBIT A
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`DEFINITIONS AND INSTRUCTIONS
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` 1. As used herein, "Defendant" means Brown-Forman Corporation, and all representatives,
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`agents or other persons acting or purporting to act on behalf of Brown-Forman Corporation
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`during relevant time periods in the complaint.
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` 2. As used herein, "Plaintiff" means DONALD LEONE.
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` 3. As used herein, "Documents" means written, recorded or graphic matter of every type
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`and description prepared, produced, reproduced, disseminated or made which is or was in your
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`possession, custody or control, including but not limited to all external or internal memoranda,
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`letters, minutes, bulletins, instructions, charts, literature, work assignments, reports, memoranda
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`of conversations, notes, diaries, calendars, appointment books, notebooks, crafts, drawings,
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`films, graphs, photographs, phono records, taped records, data sheets, data compilations, work
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`sheets, records statistics, speeches, writings or other recorded or graphic matters of any kind or
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`nature, and all mechanical and electronic sound recordings, or transcripts thereof, any retrievable
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`data from which information can be obtained including from computers, hard drives, external
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`storage including emails, text/SM messages, social media posting, and instant messages,
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`correspondence; contracts; agreements; estimates; analyses; projections; work papers; papers;
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`diaries; questionnaires; answers to questionnaires, books of account; calendars; graphs; charges;
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`transcripts; ledgers; registers; summaries; digests; financial statements; newspapers, or periodical
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`or magazine material; records of computations; charts; studies; slides; checks; bills; invoices;
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`personal records; photographs; audio or video tape or voice recordings; and all underlying,
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`3
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`supporting or preparatory material and drafts thereof. The term "document" also shall mean
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`each copy which is not identical to the original or to any other copy.
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` 4. As used herein, "Documents relating to" a subject shall mean, unless otherwise stated,
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`each document which refers or pertains to, discussions, embodies, records, evidences or contains
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`any information which related in any way to that subject.
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` 5. As used herein, the term "Communications" shall include but not be limited to every
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`letter, memorandum, note or other written communication and all notes, diary entries, calendars,
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`tape recordings or other evidence of any oral communications.
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` 6. The time period, unless otherwise stated, includes the time from 2015 to time of final
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`judgment unless otherwise stated.
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`Each request herein for documents to be produced whether memoranda report, letters,
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`minutes, or other documents of any description, contemplates production of the Document in its
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`entirety, without abbreviation or expurgation.
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` 8.
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`In the event that any Documents called for by this request is to be withheld on the basis
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`of a claim for privilege, that Document or Documents is to be identified as follows: addressor,
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`addressee, indicated or blind copies, data, subject matter, number of pages, attachments or
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`appendices, all persons to whom distributed, shown or explained, present custodian and nature of
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`the privilege asserted.
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`In the event that any Documents called for by this request has been destroyed, that
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`Document or Documents is to be identified as follows: addressor, addressee, indicated or blind
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`copies, data, subject matter, number of pages, attachments or appendices, all persons to whom
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`distributed, shown or explained, date of destruction, manner of destruction, reason for
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`destruction, person authorizing destruction and person destroying the Document or Documents.
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`4
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`DEMAND FOR DOCUMENTS
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`Produce all invoices billed to the attention of Donald Leone, Brown-Forman from
`January 1, 2017 through December 31, 2019 and documents reflecting how the invoices
`were transmitted.
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`Produce all documents in connection with Invoice# 1-67401, 1-70766, 1-71327, 1-69131,
`1-81115, including but not limited to any emails indicating the date the invoice was
`transmitted to Don Leone, Brown-Forman and how the invoice was transmitted.
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`Produce the meta data and electronic file in connection with Invoice# 1-674011, 1-70766,
`1-71327, 1-69131, 1-81115.
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`Produce all documents reflecting the dates Mr. Leone picked up Jack Daniels Black, Jack
`Daniels Honey, Jack Daniels Fire, Gentleman Jack, Woodford Reserve, Korbel Brut,
`Korbel Sweet RC NV, Hennessy VS, and Jack Daniels Single Barrel Barrel Proof from
`New Rochelle Liquors LLC in connection with Invoice# 1-674011 including any receipts
`from the courier or shipping company.
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`Produce all documents reflecting the dates Mr. Leone picked up Herradura Silver,
`Woodford Reserve, Jack Daniels Black, Jack Daniels Honey, and Korbel Brut from New
`Rochelle Liquors LLC in connection with Invoice#-1-70766 including any receipts from
`the courier and shipping company.
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`Produce all documents reflecting the dates Mr. Leone picked up from New Rochelle
`Liquors LLC Jack Daniels Black, Jack Daniels Honey, and Korbel Brut in connection
`with Invoice#-1-71327 including any receipts from the courier and shipping company.
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`Produce all documents reflecting the dates Mr. Leone and courier picked up Jack Daniels
`Black, Jack Daniels Honey, Jack Daniels Fire and Herradura Silver in connection with
`Invoice#-1-69131 including any receipts from the courier and shipping company.
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`Produce all documents reflecting the dates Mr. Leone and courier picked up Jack Daniels
`Black in connection with Invoice#-1-81115 including any receipts from the courier and
`shipping company.
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`Produce all videos reflecting Mr. Leone and courier picking up Jack Daniels Black, Jack
`Daniels Honey, Jack Daniels Fire, Gentleman Jack, Woodford Reserve, Korbel Brut,
`Korbel Sweet RC NV, Hennessy VS, and Jack Daniels Single Barrel Barrel Proof from
`New Rochelle Liquors in connection with Invoice# 1-67401.
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`Produce all videos reflecting Mr. Leone and courier picking up Herradura Silver,
`Woodford Reserve, Jack Daniels Black, Jack Daniels Honey, and Korbel Brut from New
`Rochelle Liquors in connection with Invoice#-1-70766.
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`5
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`Produce all videos reflecting Mr. Leone and courier picking up Jack Daniels Black, Jack
`Daniels Honey, and Korbel Brut in connection with Invoice#-1-71327
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`Produce all videos reflecting Mr. Leone and courier picking up Jack Daniels Black, Jack
`Daniels Honey, Jack Daniels Fire and Herradura Silver in connection with Invoice#-1-
`69131.
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`Produce all videos reflecting Mr. Leone and courier picking up Jack Daniels Black in
`connection with Invoice#-1-81115.
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`Produce all documents reflecting the initial purchase of Jack Daniels Black, Jack Daniels
`Honey, Jack Daniels Fire, Gentleman Jack, Woodford Reserve, Korbel Brut, Korbel
`Sweet RC NV, Hennessy VS, and Jack Daniels Single Barrel Barrel Proof by New
`Rochelle Liquors in connection with Invoice# 1-67401.
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`Produce all documents reflecting the initial purchase of Herradura Silver, Woodford
`Reserve, Jack Daniels Black, Jack Daniels Honey, and Korbel Brut by New Rochelle
`Liquors in connection with Invoice#-1-70766.
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`Produce all documents reflecting the initial purchase of Jack Daniels Black, Jack Daniels
`Honey, and Korbel Brut by New Rochelle Liquors in connection with Invoice#-1-71327.
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`Produce all documents reflecting the initial purchase of Jack Daniels Black, Jack Daniels
`Honey, Jack Daniels Fire and Herradura Silver by New Rochelle Liquors in connection
`with Invoice#-1-69131.
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`Produce all documents reflecting the initial purchase of Jack Daniels Black by New
`Rochelle Liquors in connection with Invoice#-1-81115.
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`Produce each and every document including but not limited to emails, correspondence,
`text messages between New Rochelle Liquors LLC and Brown-Forman Corporation
`concerning Donald Leone.
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`Produce all documents including but not limited to emails, correspondence, text messages
`between New Rochelle Liquors LLC and K&L Gates LLP concerning Don Leone.
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`Produce all the documents involved in the sale whether electronic or paper documents in
`connection with Jack Daniels Black, Jack Daniels Honey, Jack Daniels Fire, Gentleman
`Jack, Woodford Reserve, Korbel Brut, Korbel Sweet TC NV, Hennessy VS, and Jack
`Daniels Single Barrel Barrel Proof in connection with Invoice# 1-67401.
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`Produce all the documents involved in the sale whether electronic or paper documents in
`connection with Herradura Silver, Woodford Reserve, Jack Daniels Black, Jack Daniels
`Honey, and Korbel Brut from New Rochelle Liquors in connection with Invoice#-1-
`70766.
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`6
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`Produce all the documents involved in the sale whether electronic or paper documents in
`connection with Jack Daniels Black, Jack Daniels Honey, and Korbel Brut in connection
`with Invoice#-1-71327.
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`Produce all the documents involved in the sale whether electronic or paper documents in
`connection with Jack Daniels Black, Jack Daniels Honey, Jack Daniels Fire and
`Herradura Silver in connection with Invoice#-1-69131.
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`Produce all the documents involved in the sale whether electronic or paper documents in
`connection with Jack Daniels Black in connection with Invoice#-1-81115.
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`Produce the sales contract and shipping documents in connection with Jack Daniels
`Black, Jack Daniels Honey, Jack Daniels Fire, Gentleman Jack, Woodford Reserve,
`Korbel Brut, Korbel Sweet TC NV, Hennessy VS, and Jack Daniels Single Barrel Barrel
`Proof concerning Invoice# 1-67401.
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`Produce the sales contract and shipping documents in connection with Herradura Silver,
`Woodford Reserve, Jack Daniels Black, Jack Daniels Honey, and Korbel Brut from New
`Rochelle Liquors concerning Invoice#-1-70766.
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`Produce the sales contract and shipping documents in connection with Jack Daniels
`Black, Jack Daniels Honey, and Korbel Brut concerning Invoice#-1-71327.
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`Produce the sales contract and shipping documents in connection with Jack Daniels
`Black, Jack Daniels Honey, Jack Daniels Fire and Herradura Silver concerning Invoice#-
`1-69131.
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`Produce the sales contract and shipping documents in connection with Jack Daniels Black
`concerning Invoice#-1-81115.
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`Produce a copy of all sales orders regarding Jack Daniels Black, Jack Daniels Honey,
`Jack Daniels Fire, Gentleman Jack, Woodford Reserve, Korbel Brut, Korbel Sweet TC
`NV, Hennessy VS, and Jack Daniels Single Barrel Barrel Proof in connection with
`Invoice#-67401.
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`Produce a copy of all sales orders regarding Herradura Silver, Woodford Reserve, Jack
`Daniels Black, Jack Daniels Honey, and Korbel Brut from New Rochelle Liquors in
`connection with Invoice#-1-70766.
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`Produce a copy of all sales orders regarding Jack Daniels Black, Jack Daniels Honey, and
`Korbel Brut in connection with Invoice#-1-71327.
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`Produce a copy of all sales orders regarding Jack Daniels Black, Jack Daniels Honey,
`Jack Daniels Fire and Herradura Silver in connection with Invoice#-1-69131.
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`FILED: NEW YORK COUNTY CLERK 01/11/2021 02:59 PM
`NYSCEF DOC. NO. 62
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`INDEX NO. 151627/2019
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`RECEIVED NYSCEF: 01/11/2021
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`Produce a copy of all sales orders regarding in connection with Jack Daniels Black in
`connection with Invoice#-1-81115.
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`Produce all documents reflecting when Jack Daniels Black, Jack Daniels Honey, Jack
`Daniels Fire, Gentleman Jack, Woodford Reserve, Korbel Brut, Korbel Sweet TC NV,
`Hennessy VS, and Jack Daniels Single Barrel Barrel Proof in connection with Invoice# 1-
`67401 was removed from the premises including any shipping invoices.
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`Produce all documents reflecting when regarding Herradura Silver, Woodford Reserve,
`Jack Daniels Black, Jack Daniels Honey, and Korbel Brut in connection with Invoice#1-
`70766 was removed from the premises including any shipping invoices.
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`Produce all documents reflecting when Jack Daniels Black, Jack Daniels Honey, and
`Korbel Brut in connection in connection with Invoice# 1-71327 was removed from the
`premises including any shipping invoices.
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`Produce all documents reflecting when Jack Daniels Black, Jack Daniels Honey, Jack
`Daniels Fire and Herradura Silver in connection with Invoice#-01-69131 was removed
`from the premises including any shipping invoices.
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`Produce all documents reflecting when with Jack Daniels Black in connection with
`Invoice#-1-81115 was removed from the premises including any shipping invoices.
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`Produce each and every e-mail, each and every document including text from Michael
`Accorsi, Danielle Goodson and any Human Resources representatives of Brown-Forman
`concerning Donald Leone.
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`Dated: New York, New York
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`March 4, 2020
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`STEWART LEE KARLIN
`LAW GROUP, P.C.
`Attorneys for Plaintiff
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`__________________________
`STEWART LEE KARLIN, ESQ.
`111 John Street, 22nd Floor
`New York, New York 10038
`(212) 792-9670
`slk@stewartkarlin.com
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