surfkast
7 months ago
Looks like they are trying to get all the records. Still waiting to see if they have the Mexican courts approval. Otherwise it is meaningless.
Exhibit A
DEFINITIONS
The following Definitions apply to each Request set forth herein and are deemed
incorporated in each Request.
1. “Action” means UnderSea Recovery Corporation v. Madero Holding, S.A. de C.V.,
Civil Action No. 1:19-cv-00286-SDG, filed before the United States District Court for the
Northern District of Georgia Atlanta Division.
2. “Agreement” means any contract, arrangement, or understanding, formal or
informal, oral or written, between You and UnderSea or a Third Party.
3. “All Documents” means every Document, whether an original or copy, as defined
herein.
4. “AVIS” means AVIS Global Energy, AVIS Global Energy UK Group, AVIS
Global Green Energy Group, AVIS Global Energy Ltd, AVIS Energy Mexico SA, AVIS Tech
Mexico SA CV, AVIS Energy Venezuela SAS, AVIS Simmtronics Tech Corp., AVIS Vortex
PLC, AVIS Atom Threads PLC, AVIS Fintech PLC, AVIS Global Group PLC, and any
subsidiaries, affiliates, branches, divisions, controlling persons, officers, directors, employees,
representatives, agents, including any attorneys, accountants, investment advisors or bankers and
any other person acting or purporting to act on Avis’s behalf.
5. “Communicate” or “Communication” means every manner or means of
disclosure, transfer, or exchange of information whether oral, written, visual, face-to-face, by
telephone, telecopier, mail, personal delivery, electronically stored, including letters, memoranda,
electronic mail, invoices, interviews, discussions, text messages, messages secured via Internetconnected application, or otherwise.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 1 of 13
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6. “Company” means Madero Holding, S.A. de C.V. or Madero.
7. “Date” shall mean the exact day, month, and year. If the exact date is unknown,
“Date” shall mean the best available approximation.
8. “Describe” means to identify the date, sender or author of the requested
information, including the full name, present or last known address, and as applicable, the present
or last known name of employment, Person or Persons involved, a complete and detailed
description and explanation of the facts, circumstances, context, analysis and any other
information relating to the subject matter of the Request.
9. “Document” is used in the broadest possible sense permitted under the Federal
Rules of Civil Procedure and means, without limitation, any object (including but not limited to
any paper, film, videotape, computer storage media, computer file, or any other print, graphic or
data medium) in or on which any information or any representation of any information is
contained, stored, recorded or embodied. “Information” includes, but is not limited to text,
numbers and images. This definition includes copies or duplicates of documents
contemporaneously or subsequently created that have any non-conforming notes or other
markings. Without limiting the generality of the foregoing, the term “Document” includes, but
is not limited to, correspondence, memoranda, notes, emails, records, letters, envelopes,
telegrams, messages, studies, analyses, contracts, agreements, working papers, summaries,
statistical statements, financial statements, financial statements or work papers, accounts,
analytical records, reports and/or summaries of investigations, trade letters, press releases,
comparisons, books, calendars, diaries, articles, magazines, newspapers, booklets, brochures,
pamphlets, circulars, bulletins, notices, drawings, diagrams, instructions, notes or minutes of
meetings, or other communications of any type, including inter- and intra-office communications,
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 2 of 13
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questionnaires, surveys, charts, graphs, phonograph recordings, films, tapes, disks, data cells,
drums, print-outs, all other data compilations from which information can be obtained (translated,
if necessary, into usable form), and any preliminary versions, drafts or revisions of any of the
foregoing.
10. “Identify” shall mean to state the Person or Persons’ (a) full name; (b) present or
last known address; and (c) telephone number. Where the Person is an individual, “Identify”
shall also include the individual’s (1) last known position or business affiliation; (2) job title; (3)
employment address and telephone number. Where the Person is an entity, “Identify” shall also
include (1) the legal form of such entity or organization and (2) the identity of the entity’s chief
executive officer and management team.
11. “Including” shall mean “including, without limitation” and “including but not
limited to.”
12. “Judgment” means the Final Order and Judgment executed on June 3, 2021 by
United States District Court Judge Steven D. Grimberg in favor of Plaintiff/Judgment Creditor
UnderSea Recovery Corporation against Defendant/Judgment Debtor Madero Holding, S.A. de
C.V., in the amount of $15,952,780.20.
13. “Madero” means Madero Holding, S.A. de C.V. and any of its subsidiaries,
affiliates, predecessors, branches, divisions, controlling persons, officers, directors, employees,
representatives, agents, including any attorneys, accountants, investment advisors or bankers and
any other person acting or purporting to act on Madero’s behalf.
14. “Memorandum of Agreement” means the contract dated February 8, 2013, and
entered into between Undersea and Madero under which Madero agreed to deliver to UnderSea
bonds issued by the Central Bank of Venezuela bearing the ISIN code USP97475AP55, in the
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 3 of 13
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face amount of $10,000,000 in United States currency.
15. “Person” means both the singular and the plural, and means any individual,
partnership, joint venture, corporation, proprietorship, firm, association, group, or any other
organization or entity.
16. “Present” means the date on which this request was served.
17. “Ramon Madero” means Ramon Agustin Madero Davila.
18. “Relating to” means concerning, discussing, containing, constituting, showing or
relating or referring to in any way, directly or indirectly, and when used with reference to
documents is meant to include, among other documents, documents underlying, supporting, now
or previously attached or appended to, or used in the preparation of any document called for by
each document Request.
19. “Relevant Period” means January 1, 2012–Present.
20. “Third Party” means any Person except Plaintiff, Defendant, or any Person that
is a party to this Action.
21. “UnderSea” means UnderSea Recovery Corporation.
22. “Worldwide Holdings” means Worldwide Holdings Ltd., WWH Global
Technologies Corp., and any subsidiaries, affiliates, related holding companies, branches,
divisions, controlling persons, officers, directors, employees, representatives, agents, including
any attorneys, accountants, investment advisors or bankers and any other person acting or
purporting to act on Worldwide Holdings’ behalf.
23. “You” or “Your” means Helmut Koenig, and any employees, representatives,
agents, including any attorneys, accountants, investment advisors or bankers and any other person
acting or purporting to act on Your behalf.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 4 of 13
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24. The terms “and” and “or” as used herein mean “and,” “or,” and “and/or” in such
a way as to include any Documents that might otherwise not be responsive under an alternative
interpretation.
25. The singular includes the plural, and vice versa.
INSTRUCTIONS
The following Instructions apply to each Request set forth herein and are deemed
incorporated in each Request.
1. In answering these Requests, You must provide all information that is available
to You, that can be located through reasonable inquiry, is in Your access or control, including
in Your actual or constructive possession.
2. If You are unable to answer a Request in whole or in part, You should respond
to the extent possible and state the reason for which you are unable to respond to the full Request.
3. If You object to the Request or otherwise decline to respond to information
requested in any part of the Request, You must state the basis for Your objection and respond
to the parts of the Request to which You do not object.
4. Responsive Documents shall be produced in image format, with searchable text
load files that are compatible with Concordance and IPRO. The images shall be single-page,
300 DPI, Group IV .tiff images. For each individual document based on an electric file, the load
file shall, to the extent practicable, contain the corresponding text that was extracted from the
electronic file, not generated as an OCR file from the .tiff image(s). In the case of e-mail, the
load file shall also include, to the extent practicable, header information including: (1) the
individual to whom the communication was directed (“To”); (2) the author of the e-mail
communication (“From”); (3) who was copied (“cc”) and/or blind copied (“bcc”) on such eCase 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 5 of 13
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mail; (4) the subject line of the e-mail (“Re” or “Subject”); and (5) the date and time sent. For
each document, the load file shall also contain: (1) the beginning Bates number (referring to the
first page of the document); (2) the ending Bates number (referring to the last page of the
document); and in the case of e-mails with attachments; (3) the beginning attachment range
number(s); and (4) the ending attachment range number(s), where the “attachment range”
records the relationship of e-mails to their attachments. The attachment range should be
recorded from the first page of the first document in the attachment range to the last page of the
last document in the attachment range. In addition, all documents whose native format is that
of a Microsoft Excel file (or other electronic spreadsheet file) shall be produced with a singlepage placeholder (Group IV .tiff image) indicating that the file is a spreadsheet and shall be
produced in native format, including the logical formulae within the cells of the spreadsheets.
5. If You withhold response to Request on a claim of privilege, You must provide
the following information:
a. The basis for Your claim of privilege.
b. The name of any attorney involved.
c. The nature and subject matter of the information withheld.
d. The name and contact information of the Person having possession,
control, or knowledge of the information withheld.
e. The name of the Document and the subject matter of the Document.
6. Unless otherwise specified, these Requests refer to the Relevant Period.
7. These Requests are continuing and all Documents or information coming into
Your possession, custody, or control which would have been produced had they been available
earlier shall be produced forthwith.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 6 of 13
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REQUESTS
Request for Production No. 1
All Documents and Communications relating to Your role at Avis.
Request for Production No. 2
All Documents and Communications relating to Your role at Worldwide Holdings.
Request for Production No. 3
All Documents and Communications relating to the relationship between Avis and
Worldwide Holdings.
Request for Production No. 4
All Documents and Communications relating to the relationship between Avis and the
Company.
Request for Production No. 5
All Documents and Communications relating to the relationship between Worldwide
Holdings and the Company.
Request for Production No. 6
All Documents and Communications relating to this Action.
Request for Production No. 7
All Documents and Communications relating to the Judgment.
Request for Production No. 8
All Documents and Communications relating to Your relationship with the Company.
Request for Production No. 9
All Documents and Communications relating to Your relationship with Ramon Madero.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 7 of 13
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Request for Production No. 10
All Documents and Communications between You and the Company about the Action and
the Judgment.
Request for Production No. 11
All Documents and Communications between You and Ramon Madero about the Action
and the Judgment.
Request for Production No. 12
All Documents and Communications relating to the September 25, 2015 letter between
You and Ramon Madero regarding transfer of $500 million in BCV notes to Avis Global Energy
Fund.
Request for Production No. 13
All Documents and Communications relating to compensation paid to Avis directors,
officers, and shareholders, including one-time payments, dividends, lump sum payments, or
performance-based or incentive payments, including payments You received, during the Relevant
Period, and continuing until satisfaction of the Judgment.
Request for Production No. 14
All Documents and Communications relating to Avis’ formation and operating documents,
including without limitation, articles of incorporation or organization, shareholders and Board of
Directors meeting minutes, votes, bylaws, issuance of stock certificates, and maintaining proper
accounting and shareholder records.
Request for Production No. 15
All Documents and Communications relating to any bank account, investment account,
checking account, savings account, money market account, and/or brokerage account in which
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 8 of 13
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Avis has any financial or ownership interest.
Request for Production No. 16
All Documents and Communications relating to each of Avis’ monthly or other periodic
financial statements during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 17
All Documents and Communications relating to Avis’ accounts receivable during the
Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 18
All Documents and Communications relating to Avis’ payments, repayments, loans, other
debts, or transfers made to officers, directors, shareholders, parents, subsidiary corporations, or
other entities during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 19
All Documents and Communications relating to Avis’ assets, including assets held
domestically and abroad. For each asset held, produce All Documents and Communications
relating to the (a) name of the asset; (b) type of asset; (c) value of the asset; and (d) location of the
asset.
Request for Production No. 20
All Documents and Communications relating to Avis’ transfer of assets to the Company or
to Ramon Madero during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 21
All Documents and Communications relating to the Company’s or Ramon Madero’s
transfer of assets to Avis during the Relevant Period, and continuing until satisfaction of the
Judgment.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 9 of 13
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Request for Production No. 22
All Documents and Communications relating to Avis’ creditors, including but not limited
to, the following: (a) the name of each creditor; (b) the name of the parties to each loan agreement,
credit agreement, or any other agreement under which the creditor provided resources to You or
to Avis; (c) the amount loaned; (d) the present value of the loan; (e) the terms of each loan
agreement, including all exhibits relating to the agreement; (f) negotiations relating to each
agreement; (g) delayed or missed payments; (h) default on any agreement; (i) claims, threatened
claims, or complaints made by Avis’ creditors.
Request for Production No. 23
All Documents and Communications relating to Avis’ audit reports.
Request for Production No. 24
All Documents and Communications relating to Avis’ financial forecasts, including but
not limited to, growth assessments and short and long-term financial performance that were
prepared during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 25
All Documents and Communications between You and Third Parties regarding any bonds
or other assets owned by Avis, the Company, Worldwide Holdings, or any Third Parties or any
bonds or assets held by Avis, the Company, Worldwide Holdings, or any Third Parties for the
benefit of Madero.
Request for Production No. 26
All Documents and Communications relating to Agreements between You and Third
Parties relating to the Action, that were in effect during the Relevant Period, and continuing until
satisfaction of the Judgment.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 10 of 13
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Request for Production No. 27
All Documents and Communications between You and the Company or Ramon Madero
for any bonds or other assets owned by You, the Company, Ramon Madero, or any Third Parties,
or any bonds or assets held by You, the Company, Ramon Madero, or any Third Parties for the
benefit of the Company or Ramon Madero.
Request for Production No. 28
All Documents and Communications relating to consideration the Company gave
UnderSea in exchange for an interest in Pedro Bank Shipwreck Exploration and Excavation LLC
(“Pedro”) and a warrant for 17% of UnderSea’s common stock, as stated in the Memorandum of
Agreement.
Request for Production No. 29
All Documents and Communications relating to the Memorandum of Agreement.
Request For Production No. 30
All Documents and Communications relating to any Agreements between You and
UnderSea entered into or effective during the Relevant Period, and continuing until satisfaction
of the Judgment.
Request for Production No. 31
All Documents and Communications sufficient to show any tax returns filed by Avis
during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 32
All Documents and Communications sufficient to show any tax returns filed by
Worldwide Holdings during the Relevant Period, and continuing until satisfaction of the
judgment.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 11 of 13
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Request for Production No. 33
All Documents and Communications relating to Third Party complaints, claims,
threatened or pending lawsuits, prior lawsuits, and judgments against You, Avis, or Worldwide
Holdings during the Relevant Period, and continuing until satisfaction of the Judgment.
Request for Production No. 34
All Documents and Communications sufficient to show the transfer of bonds or other
assets by the Company to Avis, including Documents and Communications showing justification
for the transfer.
Request for Production No. 35
All Documents and Communications relating to the $2.3 billion deposit of capital reserves
into the “BCV Portfolio Account” as detailed in Avis’ 2017 audited financial statements.
Request for Production No. 36
All Documents and Communications relating to the following bonds: ISIN
USP97475AP55 CUSIP P97475AP5; ISIN USP97475AN08 CUSIP P97475AN0; ISIN
US922646AS37 CUSIP 922646AS3; and ISIN USP17625AE71 CUSIP P17625AE7.
Request for Production No. 37
All Documents and Communications relating to current and past business relationships,
including any joint ventures, between Worldwide Holdings and Avis, including but not limited
to, any shared operational components of Worldwide Holdings’ and Avis’ operations such as the
leadership, contracted services, legal, finance, human resources, or any other operational
component.
Case 1:19-cv-00286-SDG Document 59 Filed 07/19/23 Page 12 of 13
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Request for Production No. 38
All Documents and Communications relating to the current business location(s) and
operational status of Simmtronics Technology USA.
Request for Production No. 39
All Documents and Communications relating to the current business location(s) and
operational status of WWH Global Technologies Corp.
Request for Production No. 40
All Documents and Communications relating to Worldwide Holdings’ board of directors
and the team members identified on Worldwide Holdings’ website, including but not limited to,
whether members of the board of directors or team members have a business relationship with
Avis.
Request for Production No. 41
All Documents and Communications relating to the business relationship between Limex
Finance and Investments, LLC and Avis.
Request for Production No. 42
All Documents and Communications sufficient to show the change in name, entity type,
or any other organizational change relating to the change from Avis Simmtronics Tech
Corporation to WWH Global Technologies Corporation.
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