Filing # 55342036 E-Filed 04/20/2017 10:12:16 AM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT OF FLORIDA IN AND FOR BROWARD COUNTY FLORIDA LONG SIDE VENTURE! Civil Division — COMPLEX CASE NO, 13-03103 (07)! Judgment Creditor, NANOTECH ENTERTAINMENT, INC., A Nevada Corp, Judgment Debtor. JUDGMENT CREDITOR’S MOTION FOR SANCTIONS AGAINST JUDGMENT DEBTOR FOR FAILURE TO ABIDE BY COURT ORDER. Judgment Creditor, by and through their undersigned counsel, hereby moves the Court to sanction Judgment Debtor fe failure to comply with two Court orders which required Judgment Debtor to produce the mandatory disclosures required by Form 1.977 and respond to the outstanding execution discovery, and to deliver the stock due to Plaintifs as required under the terms of the Final Judgment, and as grounds states as follows 1. In April 2016, Judgment Debtor breached the first installment payment due under the partes’ settlement agreement, which provided that Judgment Creditor need only provide an affidavit of breach in order to procure a final judgment. Still, the breach was not resolved until November 9, 2016, when the Court entered an Order granting Plaintiffs’ motions to enforce settlement agreement. ‘The Final Judgment was entered on December 1, 2016, A true and correct copy of the Final Judgment is attached hereto as Exhibit 1 * ‘This case has been consolidated with R&T Sports Marketing, Inc, v, Nanotech Entertainment, Inc, Original Case No. 13-03138. Prox tor 3 Peersr Frm aaN Davi & Jost, 1001 Bruckr21.By Duive, SUITE S112, Mian, FL 33131 # 305,350.5690 + F+305.371, 8989 + WHW.FLPRSTLAW.COM #** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 4/20/2017 10:12:16 AM.**#*2. Asset forth in the Final Judgment, Judgment Debtor was required to complete Form 1,977 Bact Information Sheet, under oath, within 45 days of the Final Judgment. ‘The Fact Information Sheet was due to be served on or about January 16, 2017. 3, Likewise, Judgment Creditor propounded execution discovery in the form of interrogatories and requests for production, 4. Judgment Debtor, « publicly traded entin, has not taken any action to provide any execution discovery. Instead, its principles appear to be bleeding the market by trading shares thfough shell entities and related thembers to the principles’ family. "Judgment Debtor claims in its _publicly fled financials to have earned millions of dollars of revenue and millians of dollats of seize able property in'the form of i Ventory and, more importantly, intellectual property. Yet, Judgment ed even where itbanks (if in fact it bans anywhere). Debtorhas not dis 5 5..° On March 20, 2017, this Court heard argument on Judgmerit Debtor's motion to compel the due discovery, and on Judgment Debtor's counse'’s motion to withdraw. In response 10 both orders, Judgment Debtor was ordered to produce to-the discovery within 20 days of March 29" regardless of whether Judgment Debtor had secured new counsel. See Oiders attached hereto'as Exhibits 2 and 3, respectively 5 = 6. “The discovery was dite by court order on or before February 18, 2017. 7, _- Ndditionally, as set fo#th in the Final Judgment, Nanotech was ordéred to deliver the sum of 2,001,607 shares of Nanotech stock to Judgment Creditor. See-Final Judgotent at §(i) (pg: 2 of the Final Judgmeni). ‘The shares have sot been delivered. 8, - = "Nanotech has clearly demonstrated that it will not abide by court orders; respond to: discovery, or take any steps to even participate in the execution of the Final Judgment A drastic remedy is required to mandate enforcetnent.. Prci2er 3 : Foust Irn sata Davio & Joshi 1001 Bauckr21. Bay Barv, Stir 3112, Mijga, FL. 38131 7: 305350.5690» F:305.371,89804 www. TUFRSTLAW.COM9. Judgment Creditor suggests that this Court order restrain the trading of aay Nanotech shares on the publicly traded markets until such time as Nanotech complies with the Court's orders = (a ) producing the requited mandatory disclosures; (b) responding to and producing all requested information and documents requested in the execution discovery; and (6) delivers to Judgment Creditor the 2,001,607 shares of Nanotech stock to Judgment Creditor. WHEREFORE, Judgment Creditor respectfully request that this Court order sanction Judgment Debtor by restraining the trading of any Nanotech shares on the publicly traded markets, until such time as Nanotech complies with the Court’s orders by: (a) producing the required mandatory diselosures; (b) responding to and-producing all requested information and documents, requested in the exe ition discovery; and (¢) delivers to Judgment Creditor the 2,001,607 shares of Nanotech stock to Judgment Creditor and that the Court enteé such further relief-as the Court deems just and proper. < CERTIFICATE OF-SERVICE : 1 certify that on April 20, 2017, a copy of the foregoing was served via regular mail and email to Nanotech Entertainment, Inc, 2450 Kise Drive, San Jose, CA 95131- (Email: : elle menace com d Respectfully submitted, - FUERST ITTLEMAN DAVID & JOSEPH, PL Connsel for Plaintifi -7 1001 Brickell Bay Drive, Suite 3112 . Tel. 03) 350-5690 ; ae Fax (05) 371-9989 Sécondiny lena fucrstlaw.coi By: s/ Allat A, Joseph. : ALLAN A. JOSEPH. _- Florida Bat No. 893137 Pron sors, Peres rr y David 8 Jost PL R 1001 Brucsta1. Bay Dauve, Stare 3412, Mian, FL 33131 +7: 305.950.5000 «F=3)5.371.BO8Ps wv FURRSHEAWCOML