2018 01:06 am

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

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SUPPLEMENT SCIENCES CORP D/B/A. CONDEMNED Index No.: 515580 / 2017

LABZ.

PLAINTIFF’S SECOND

REQUEST FOR

ADMISSIONS

DIRECTED AT

DEFENDANT Plaintiff,

- against -

Hon. Judge Leon

Ruchelsman

VENTECH LABS, LLC F/K/A VBS LABS, LLC & ANTHONY

VENTRELLA Commercial Division, Part A,

Courtroom 276

Defendants.

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Plaintiff SUPPLEMENT SCIENCE CORP D/B/A CONDEMNED LABZ requests that

Defendant VENTECH LABS, LLC F/K/A VBS LABS, LLC & ANTHONY VENTRELLA admit

or deny the following statements of fact. If an objection is made, please state the reason for the

objection. If denying the matter, please set forth in detail the reasons why the answering party

cannot truthfully admit or deny the matter.

DEFINITIONS

“All” and “each” shall be construed as all and each.

“And” and “or” shall be construed either disjunctively or conjunctively as necessary to bring

within the scope of a request all responses that might otherwise be construed to fall outside of its

scope. These terms are meant to be inclusive rather than exclusive.

“Communication” means the transmittal by any means of information, whether by physical or

electronic method, which includes, but is not limited to emails, physical letter, text message,

FILED: KINGS COUNTY CLERK 11/26/2018 01:06 AM INDEX NO. 515580/2017

NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 11/26/2018

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message on social media platform, or otherwise published to the public, in the form of facts, ideas,

inquiries or otherwise.

“Concerning” means referring to, relating to, describing, reflecting, evidencing, including or

constituting, directly or indirectly and in any way.

“Corporate Documents” refer to books and records that arise out of the existence of the Limited

Liability Company status under Chap. 608 of the Florida Status. Such books and records include,

but are not limited to the bylaws, corporate minutes, certificates of conversion, powers of attorney,

executed operating agreements, internal rules for management, governance or profit sharing.

“Defendants”, means defendants Anthony Ventrella, Ventech Labs, LLC f/k/a VBS Labs, LLC

and each of them, together or separately.

“Document” has the same meaning as in the New York Civil Practice Law and Rules and includes

the original and any non-identical copy, regardless of origin or location, or any written,

typewritten, drawn, charted, recorded, transcribed, punched, taped, filmed or graphic matter,

however produced or reproduced, now or formerly in your possession, custody, or control,

including, but not limited to, any drawing, photograph, book, pamphlet, periodical, letter,

correspondence, telegram, invoice, contract, purchase order, estimate, report, memorandum,

email, text message, intra-office communication, computer databases, data sheets, metadata, data

processing cards, tapes, disc recordings, electronic mail, computer files, computer notes, computer

images, diskettes, memoranda, work papers, work sheets, work records, literature, reports, notes,

drafts, diaries, messages, telegrams, book, ledgers, publications, advertisements, brochures, price

lists, cost sheets, estimating sheets, bills, bids, time cards, invoices, receipts, purchase orders,

contracts, telephone records, and any other records, writings or computer input or output, working

paper, record, study, paper, chart, graph, index, and any transcription(s) thereof, and all other



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memorialization(s) of any conversation(s), meeting(s), and conference(s), by telephone or

otherwise.

The term document also means every copy of a document where such copy is not an identical

duplicate of the original, whether because of deletions, underlinings, showing of blind copies,

initialing, signatures, receipt stamps, comments, notations, differences in stationery or other

difference or modification of any kind. Documents can be electronically stored or physically

available.

"Identify" means:

A. when used in reference to a natural person, to state the individuals' full name, present

or last known residence and business addresses, social security number, present or last

known position and business affiliation, and present or last known e-mail and telephone

number;

B. when used in reference to a corporation, partnership, or other entity, to state the full

and complete corporate name, the organization format (e.g., corporation, partnership,

limited liability partnership), the present or last known address of its principal place of

business, the present or last known e-mail address and telephone number, the date on

which it commenced doing business, each and every officer of the company, and each

and every stockholder of a corporation or partner of a partnership, or anyone holding

an equity interest in the entity;

C. when used in reference to a document, to state the date, identity of the author,

addressee(s), signatories, parties, or other persons identified therein, the type of

document (e.g., letter, memorandum, chart, etc.), its present location or custodian and

a brief topical description of its contents; and



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D. when used in reference to a communication, to state the date, identity the parties, the type

of communication, and a brief description of its contents.

“Litigation” refers to the underlying lawsuit, which was the result of the underlying facts,

captioned Supplement Science Corp. d/b/a Condemned Labz v. Ventech Labs, LLC f/k/a VBS

Labs, LLC & Anthony Ventrella, Index No.: 515580 / 2017

“Manufacturing Equipment” means the specific equipment that is customary in the

supplement manufacturing industry required to effectively manufacture powders, tablets, and

capsules, and bring such products to market. Manufacturing Equipment includes, but is not

limited to, pilot / test batch mixers, medium mixers, large mixers, test mixers, tablet presses,

encapsulators, packaging equipment, filling machines, sachet machines, stikpak machines,

shinksleeve machines, blenders, granulators, grinders, mills, oven dryers, tablet coating

machines, packaging and labeling equipment.

"Person" or "Persons" means any or all entities, including, but not limited to, any or all

individuals, single proprietorships, associations, companies, firms, partnerships, joint ventures,

corporations, employees, or former employees, or any other business, governmental, or labor

entity, and any divisions, departments, or other units thereof.

“Product” or “Goods” means any goods produce or manufactured either by natural means, or by

hand, or with tools, machinery, chemicals or the like, which are the subject of the underlying

litigation. These words will be used interchangeably.

"Relate to" and "Relating to” mean in any way directly or indirectly, concerning, referring to,

pertaining to, mentioning, discussing, describing, disclosing, confirming, supporting, evidencing,

representing, or being connected with a stated subject matter or any aspect thereof.



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“Third Party” means a party who is someone other than the Plaintiff or Defendant, or otherwise

not a party to a lawsuit, agreement or other transaction, but who is implicated, whether directly or

indirectly, in such matter.

“You” or “your” means Defendants, Anthony Ventrella, Ventech Labs, LLC f/k/a VBS Labs,

LLC, and any business, entity or organization affiliated with or controlled by Defendants or any

of them, including, but not limited to, the above mentioned Corporation, and any subsidiary,

successor in interest, or affiliate thereof.

INSTRUCTIONS

Reference to the singular in any of these Requests shall also include a reference to the

plural, and reference to the plural also shall include a reference to the singular.

As to each statement, Defendants shall specifically admit or deny the statement. If denied,

the denial must fairly meet the substance of the requested admission. If Defendants qualify their

answer or deny any part of the matter for which admission is requested, Defendants shall admit so

much of the statement as is true and qualify or deny the remainder.

If Defendants object that a term or phrase is vague or ambiguous, Defendant shall respond

with its understanding of the term or phrase and specifically admit or deny the statement.

These Requests are continuing in nature and require supplementation pursuant to the New

York Civil Practice Law And Rules.

Unless otherwise indicated, the relevant time period for each request shall be January 2016

to the present. If Defendants object to a portion of a time period covered by a Request Defendants

shall specifically qualify the time period for which they can respond to the Request.

REQUEST FOR ADMISSIONS



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1. Admit that in accordance with the Defendants Supplemental Response to Plaintiff’s

Notice for the Inspection and Production of Documents and Things dated November 19, 2018

(herein, “Defendants Supplemental Response”) (Exhibit A), the Defendants contend that they are

fully compliant with the Current Goods Manufacturing Practices (“cGMP”) regulation, as

proposed by the Food & Drug Administration (“FDA”).

2. Admit that in accordance with the Defendants Supplemental Response, the

Defendants take the position that they are not in possession, custody or control of any other

Corporate Documents, including but not limited to by laws, corporate minutes, certificates of

conversion, powers of attorney, executed operating agreements, internal rules for management,

governance or profit sharing, other than (a) the Articles of Organization for VBS Labs, LLC filed

on 11/6/2015, (b) Articles of Organization for Ventech Labs, LLC filed on 6/13/2016, (c) the

Voluntary Dissolution of VBS Lab, LLC on 8/17/2017, and (d) an “Unexecuted and Nonbinding

VBS Operating Agreement.”

3. Admit that in accordance with the Defendants Supplemental Response, the

Defendants are not in possession, custody or control or any documentation or information

concerning any inspections of the Manufacturing Equipment associated with the production of the

products referred to in this litigation

4. Admit that in accordance with the Defendants Supplemental Response, the only

Third Party who has been identified as working on the Products, specifically accordingly to the

Defendants, the “samples of the subject goods,” is Natural Vitamins Laboratories, located at 12815

NW 45th Avenue, No. 4, in Opa-Locka, FL 33054



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5. Admit that in accordance with the Defed-ts Supplemental Response, as well as

based on the information available in the public record, that the only member of both VBS Labs,

LLC and Ventech Labs, LLC is Mr. Anthony Vcñtrclla.

6. Admit that the document referred to in the Defendants Supple=r=tal Response,

Response No. 3, labeled the "Unexecuted and Non-Binding VBS OperatingAgreement"

(Exhibit

B) was unexecuted, and no executed objective form of documentary proof is availâble evidcñci-g

the participating of Mr. Philip Braun and Mr. Aaron Singerman.

Dated: November 26. 2018

VINCENT MILETTI, ESQ.

Vincent Miletti, ESQ.

NY Bar No. 5194014

2139 East3rd

Street

Brooklyn, New York 11223

347-234-0034

Vmiletti(alaol.com

Counsel to Plaintiff Supplement Sciences

Corp. d/b/a Condemned Labz

To:

Law Offices of Peter J. Glantz

Peter J. Glantz, ESQ.

120 Bloomingdale Road, Suite 100

White Plains, New York 10605

646-504-4754

[email protected]

Counsel to Ventech Labs, LLC f/k/a VBS Labs, LLC & Anthony Ventrella



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ATTORNEY'S AFFIRMATION OF SERVICE

I, Vincent Miletti, an attorney at law admined to practice before this Court, affirms as

fellows - on the26"1

day of November, 2018, I served true copies of the Plaintiff s Second

Request For Admissions, Dated Navcmber 26, 2018, upon the following, at the following

addresses:

The Law Office of Peter J. Glantz Court of New York,

Attn: Peter J. Glantz, Esq. Civil Term, Kings County Supreme Court

120 Bleesingdale Road, Suite 100 Commercial Division

White Plains, New York 10605 Hon. Leon Ruchehman

[email protected] 360 Adams Street, Room 276


[email protected]

by depositing a true and correct copy of the same in a letter box under the exclusive control

ofthe United States Postal Service, directed to the said individual(s) at the address(es) listed above,

being the addrss(es) within the state designated for that purpose upon the last papers served in this

action, or the place where the above then resided or kept offices, according to the best information

which can be conveniently obtained.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: November 26, 2018

Brooklyn, New York VINCENT MILETTI, ESQ.

Vincent Miletti, ESQ.

NY Bar No. 5194014

2139 East3'd

Street


347-234-0034

[email protected]

Counsel to Plaintiff Supplemental

Sciences Corp. d/b/a Condemned Labz



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