STATE OF NORTH CAROLINA [© | | IN Tile GENERAL courr oF JUSTICE © © SUPERIOR COURT DIVISION BUNCOMBE COUNTY FILE NO.: 22-CVS-2567 mi tei 24 P +00 ANGELA SKUDIN, 00. 6.8.0 individually and as iC personal representative of ESTATE OF CASEY SKUDIN, CHANNING SKUDIN,. |... LAS through his guardian ad item, and BENJAMIN SKUDIN, Plaintiffs, PLAINTIFFS’ RESPONSE TO ws DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; PLAINTIFFS? MOTION TO COMPEL DISCOVERY THE BILTMORE COMPANY, THE RESPONSES BILTMORE COMPANY, LLC, BILTMORE ESTATE WINE COMPANY, LLC, AND VILLAGE HOTEL ON BILTMORE ESTATE, LLC, Defendants Pursuant to Rule 37 ofthe Norh Carolina Rules of Civil Procedure, Plants Angela Skudin, individually and as personal representative of the Estate of Casey Skudin, Channing ‘Skadin, through his guardian ad ltem, and Benjamin Skudin(“Paintifs) espectflly move the Court for an order compelling Defendants The Biltmore Company, the Biltmore Company. LLC, Bilmore Estate Wine Company, LLC, and Village Hotel on Biltmore Estate, LLC (collectively Defendants") to comply with discovery by producing requested documents and responding to Plains" Sixth Request for Discovery served on September 8, 2023, Plans further submit this Motion in opposition to Defendants’ Motion for Protective Order Preventing Plains fom Onsining Discovery of Defendants’ Financial Information until the Court has Ruled on Defendants’ Forthcoming Motion for Summary Judgment on Punitive Damages. I support of such Motion, Plaintiffs state1. On October 17, 2023, Defendants moved for a protective order relieving them of their obligation of answering Plaimiffs' Discovery Requests served on September 8, 2023, and preventing Plsntff from obtaining discovery of Defendants’ financial information until the court thas ruled on a motion for summary judgment on punitive damages that Defendants have yet to file 2, Summary judgment on Plaintiff" claim for punitive damages is not appropriate because there is considerable evidence of willful or wanton conduct by Defendants warranting submission of punitive damages tothe jury. 3. Summary judgment is properly granted “ifthe pleadings, depositions, answers to interrogatories, and admissions on file, together withthe affidavits, if any, show that there is no ‘genuine issue as to any material fact and that any party is entitled to a judgment as a matter of Jaw." N.C. Gen, Sta. § 1A-1, Rule S6(6), The court must consider the evidence in the light most favorable to the non-moving party. Bruce- Terminix Co. v. Zurich Ins. Co., 130. N.C. App. 729, 733, 504 S.E.2d 574, 377 (1998), 4, To survive a motion for summary judgment on punitive damages, Plaintiffs need only allege fets and forecast evidence that would support a finding of wilful or wanton conduct, actions that reflect a “conscious and intentional disregard of and indifference tothe tights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm.” Cockerham-Ellerbee v. Town of Jonesville, 190 N.C. App. 150, 155, 660 S.E.2d 178, 181 (2008) (quoting N.C. Gen. Stat. § 1D-5(7). 5. The evidence in this ease shows that The Biltmore was twice warned in writing about the defective and dying tee that killed Casey Skudin (referred to herein as “Tree 28°) and the high risk it posed tothe safety of people and property. The Biltmore was aware of numerous defects with Tree 28 and knew that the tees failure was likely, and especially during storms. TheBiltmore also knew tha when the tees flr occured, it was likely to result in injury to people and/or property. Nevertheless, Defendants consciously and deliberately chose not to eu Tree 28 prior to Me. Skudin's death, Instead, they chose to keep the dying, decaying tee standing and looming over the Approach Road located on The Biltmore Estate, prioritizing the aesthetic value of the tree over the safety of over a million people who visit The Biltmore each year. In his deposition, the President and CEO of The Biltmore Company acknowledged that The Biltmore received a written warning about Tree 28 twelve years prior to Mr. Skudin’s death. He further ‘admitted thatthe decision not to cut Tree 28 amounted to a “game of chance” as to whether the twee would strike person or vehicle when it inevitably failed. The Billmore’s Vice President of tion for its Compliance and Legal Services admited that The Biltmore had no valid justi conssious decision ot cut down Tree 28 prior tothe Skudin aay. 6 ‘These iets, construed in he ight most favorable wo Pails, support finding of ‘willl or wanton conduct by Defendants and preclude summary judgment on punitive damages 7. Given te significant evidence that support a finding of willful or wanton conduct bby Defendants, Defendants’ Motion for Protective Order should be denied. Instead, the court should compel Defendants to respond to Paint’ discovery requests fr financial information, Which re relevant to their lai for punitive damages. Pursuant to North Carolina Rule of Civil Procedure 37a), tral court may compel {ull and complete discovery. Ifa party fils to cooperate or respond in discovery, “the discovering party may move for an order compelling an answer, of a designation, or an order compeling inspetion in accordance with the request." N.C. Gen. Stat. §1A-1, Rule 37(8) 9, Plains” Sixth Request for Discovery served on September 8, 2023, consists of nine requests for production of documents that relate to Defendants" Financial information, SeeExhibit B to Defendants Motion for Protective Order. The requested financial information is relevant to Plaintif'claim for punitive damages. 10, “The party resisting discovery bears the burden of showing why’ the motion to ‘compel should not be granted.” Nar Fin, Partners Corp v: Ray, No, 13 CVS 3319, 2014 WL Super. Oct, 13, 2014) (quoting Smuinfied Bus. Park, LLC. SLR Int Corp. 5148197, 20°9 NC. No, $:12-CV-282-F, 2014 WL 3919679, at *2 (ED.NC. Aug. 11, 2014)) “Specifically the party secking protetion from the court ftom responding t0 discovery must make a paricularized showing of why discovery should be denied, and conclusory or generalized statements fil to satisfy this burden asa matter of lai Id 1, Defendants” generalized statements in their Motion far why they deserve protection from the court from responding to discovery do not satisfy ther burden of showing why this “Motion to Compe! should not be granted, Accordingly, Defendants shouldbe required to provide full and compete responses to Paints’ Sixth Request for Discovery. 12, Plains have confered with opposing counsel and atempted in good faith to resolve this issue before bringing this motion, and have been unable to resolve this discovery dispute WHEREFORE, Plaintiffs respectively request thatthe court enter an order granting this ‘motion, denying Defendants’ motion for protective order, and entering an Onder compelling Defendants to respond to Plants’ Sixth Request for Discovery within ten calendar day’ from the date on which this Court issues an Order resolving the instant Motion.Respectfully submited, ANGELA SKUDIN, individually and as personal representative of ESTATE OF CASEY SKUDIN, (CHANNING SKUDIN, through his guardian ad litem, and BENJAMIN SKUDIN, Paints, By Counsel BAILEY & GLASSER, LLP Brian A. Glasser (admitted pro hae vice) Brian R. Swiger (admitted pro hac vice) 209 Capito Street, Charleston, WV 25301 304-345-6555 304-342-1110 facsimile bglasserabaileyglasser com bawwigeribailevglasser.com Tikkkun Gottschalk (NC Bar #33945) Robert Deutseh (NC Bar #5577) Deutsch & Gottschalk, PA. ‘One Page Ave, Suite 200 Asheville, NC 28801 828-251-0600 828-251-5508 facsimile tikkun@dglawpa.comCERTIFICATE OF SERVICE ‘This is to certify thatthe undersigned has this date served “Plants” Response to Defendants’ Motion for Protective Order; Plaintiffs’ Motion to Compel Discovery Reponses” in the above-entitled action upon ll attorneys for Said partes vi electronic service and by United States Postal Service to the following address: Isaac N. Northup 72 Patton Ave Asheville, NC 28801 INorthup@hallboothsmith com ‘Ann-Patton Hornthal ROBERTS & STEVENS, P.A, Wyait 8, Stevens Dennis L, Martin, J P.O. Box 7647 Asheville, NC 28802 aphornthal@robertsstevens.com wwslevens @robertsstevens.com imartin@robers-sievens.com ‘This 24 day of October, 2023. Brian R. Swiger (admitted pro hae vice)\pISTHE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION (HUE NO. 22 CVS 2567 STATE OF NORTH CAROLINA. 7 BUNCOMBE COUNTY ANGELA SKUDIN, individually as personal represeattive of ESTATE OF CASEY SKUDIN, and on beta of er minor child, (CHANNING SKUDIN, and BENJAMIN een ae PROTECTIVE ORDER PREVENTING Paint PLAINTIFFS FROM OBTAINING. . DISCOVERY OF DEFENDANTS” FINANCIAL INFORMATION UNTIL, . ‘THE COURTHAS RULED ON DEFENDANTS’ FORTHCOMING MOTION FOR SUMMARY JUDGMENT ON PUNITIVE DAMAGES ‘THE BILTMORE COMPANY, THE BILTMORE COMPANY, LLC, BILTMORE ESTATE WINE COMPANY, LLC, and VILLAGE HOTEL ON BILTMORE ESTATE, tc, Defendant, NOW COME Defendants The Biltmore Company, The Biltmore Company, LLC, The Biltmore Estate Wine Company, LLC and Village Hotel on Biltmore Estate, LLC (hereinater, collectively referred to as "Defendants othe “Biltmore"), and move, pursuant to North Carolina Rule of Civil Procedure 26(e, for entry ofa protective order preventing Plintfs from obtaining cial information until the court has ruled on Defendants’ discovery of Defendants fi forthcoming motion for summary judgment on punitive damages. In support of this motion, Defendants show the court |. Plainsifs commenced this action by filing Complaint and Demand for Jury Trial ly 15, 2022, A First Amended Complaint and Demand for Jury Trial was filed on Sly 27,2022 (hereinater, the “Complaint”. (Exhibit A) The Complaint asses two causes of ction nepligence and gross negligence. Plaintiffs also seek to recover punitive damages, based on allegedly willl‘or wanton conduct. Defendants deny all allegations of negligence and also deny allegations of willl oF wanton cond 2 On September 8, 2023, Plaintiff served a Sixth Request for Discovery, requesting production of Defendants’ financial information, including financial statements, documents relating to the Bitmore’s “tangible worth”, asset appraisals, tax returns, documents relating to Defendants’ ownership interests, and documents relating to the Biltmore project profi Exhibit 3. Rule 266) of he North Carolina Rules of Civil Procedure allows the cour for good cause shown, to grant a party relief fom discovery. Whore a request for discovery “far exces] the scope of financial documents relevant to plaintif's action and [vere], therefore, unduly burdensome" it was an abuse of discretion forthe rl court not to have granted defendant some relief under Rule 26(¢). Powers» Pariser, 104 N.C. App. 40, 409,409 S£.24 725 (1991) 4. Ihis well seed in North Carolina that ordinarily «pary’s financial ability to respond to damages is ielevant tothe issue of libility. Strickland v. Jackson, 23 N.C. App 63, 606, 209 S24 859 (1974), Evidence ofa defendant's wealth is ordinarily inadmissible inal cases where ‘the fundamental prineple that in & compensatory damages alone ae recoverable, based unde cout of justice nether the wealth of one party or the poverty’ of the other shouldbe permite to affet the administration ofthe lw." Lat Indusresv Dixie Home Stores, 242 N.C. 32, 344,88 6.24333 1955). 5. Importantly, evidence ofa defendant’ financial status is admit only in cases warranting punitive damages; mere assertion of punitive damages claim is insufficient. See Di Fregov Pugliese, 164 N.C. App. 499, 508, $96 S.E.24 456 (2008) (where tial court determined that plaints evidence failed to show willful oF wanton conduct, evidence of defendants’ financialstatus was inelevant) North Caroline courts routinely decline to require discovery into a defendant's revenves or net worth for purposes of punitive dameges util ater the entitlement 0 punitive damages hasbeen established, See, Finch v. BASF Catasts,LLC,No.I:16CV1077, 2018 WL 11401664, at (MLD.N.C Fob, 14,2018) (dering discovery on this sue until ater the court has considered the viability ofthe punitive damages ca st summary judgment); Faylr 1 McGill Envtl. $9. of N.C. Ine, No. 7:13ev270, 2015 WL 1125108, at *8 (E.D.N.C. March 12, 2015) (*Plinff contends she has established a prima facie case for punitive damages and is emttled to discovery of the financial information sought... However, the court finds that here such 1 determination is more appropriately made on the parties’ fly developed motions for summary judgment on the issue of punitive damages. see also Blount v. Wake Elec. Membership Corp., 162 ERD. 102, 105 (E.D.N.C. 1993) (permitting discovery if the issue of punitive damages survives summary judgment); Nix v. Holbrook, No, $:13-02113, 2015 WL 791213 at *3 (D.C Feb, 25, 2015) (denying discovery of financial information relevant to an award of punitive damages without prejudice to reconsider afcr resolution of summary judgment), As the Court of Appeals as state, the dscoverability of financial records only neo to be addressed if Plaintii? claim for punitive damages survives summay judgment. Mancuso v. Burton Farm Development C0. LLC, 29 NC. App. S31, $49, 78 SE. 24 73, 750 (2013). 6. Defendants wil be submiting a motion for partial summary judgment on Plants ross negligence and punitive damages claim in accordance with the deadline for dispositive motions in this case. Discovery is ongoing. Defendants’ expert designations are duc (in part) on November 1%, Defendants will be producing additional witnesses on or about November 2nd, Thus, Plitiffs will not suffer any prejudice by delaying discovery of Defendants’ financial information, i tilrelevant to this proceeding, until after the parties have fully briefed, andthe cour has considered, ‘the viability of Plaintiffs" punitive damages claim on summary judgment 7. Defendants have attempted in good faith to resolve this issue with opposing counsel before bringing this motion but, despite consultations with opposing counsel, the parties could not resolve their disagreement WHEREFORE, Defendants pray the court to enter an order granting this motion, entering «protective order, and granting such other and further role a o the cour seems jst and proper. This 17th day of October, 2023, HALL BOOTH SMITH, P.C. Le Tsai N. Nowhup, Je — NC Bar No, 9389 Atorney for Defendants 72 Patton Avenue Asheville, North Carolin 28801 ‘Telephone: (828) 232-4481 Fax: (828) 641-9195 INorthup@hallboothsmith.com Ann-Patton Hornthal Dennis L. Marti, Jr Roberts & Stevens, PA P.O. Box 7647 Asheville, NC 28802 Aphornthal@roberts-stevens.com isthe Bates Number ofthe fst page ofthe Document): and ‘i. Files should be placed inthe images! subdirectory. © Ima Files: An image load file in a standard opt load fle format shall be included; © Allachment Families: For electronic Documents the relationship of Documents in 1 Document collection (eg. cover leter and enclosures, E-mail and atachment binder containing multiple Documents, or other Documents where a parched relationship exists between the Documents) shal be maintained inthe sem momar 4 the ordinary cours of business using, for exmal families only, the Begin Fay and End Family fields of the Load File. Document Images geneuted fran attachments to E-mails stored in Native Format shall be. prodieed ontemporancously and sequentially immediately after the parent E-mail in ter Bates Numbering. For example, for responsive E-mails with attachments, You shall Produce all attachments, For a responsive Document that isan afachmnen! io an Email the E-mail wil be produced. fe cover E-mail transmitting a sesponsive tachment or another Document in the family is eniely withheld as privileged, the withheld Document willbe replaced witha slip sheet dating that “Docuseo ‘wthneld as Privileged.” & OGR or Extracted Text File: An OCR or Extracted tet file which corresponds to «ach produced document shall be provided as follows {Files should be placed inthe text’ subditectary §i, Pages separated by form feed character (decimal 12, hex Ox0C); iii You will provide document level OCR text for redacted documents or Extracted text for ESt not containing redaction inthe same directory ase image file iv. Filenames should be ofthe form: tet, where is the Bates Number of the frst page ofthe Documents ¥- An OCR or Extracted text file containing the produced documents content willbe provided for all documents whether it is produced as an lmaged file or natively, ‘Load Fite: load file shal be provided ina“ dat” ie format that contains metadata fields in a delimited text loa fle. The fielded deta should include all the metadeta fields for each document produced where possible and tothe extent that data exate as set forth in Table 1 below. The frst lie of the data load file should contain the ficld headers indicating the contents of each fel, and each subsequent line shoved onlin the Feded data foreach document, where such fielded data i easombly available, * No other information shouldbe provided in image filenames, including confidentiality status 5|, The name of the image load file should mirror the name of the delivery volume, and should have an OPT extension (i.e, ABCOO1.0PT) ‘The volume names should be consecutive (ie, ABCOOT, ABCOO?,) There should be one row in the load file pee TIFF image. iv. Every image inthe delivery volume shouldbe contained inthe image load file '¥. The image key should be named the same as Bates numberof the page vi Load files should not span across media (eg, CDs, DVDs, Hard Daves, te). A separate volume should be created for each picse of mea delivered vii. The Opticon OPT image load file (OPT) configuration shall be a page level comma-delimited file containing seven fields per line: PageiD, VolumeLabel, ImagefilePath, DocumentBreak, FolderBreak, BoxBeak, PageCount, PageiD as follows: 1. PageiD: Page iD ofthe item being loaded. This felé must be identical to the image name (es the file extension). 2, VolumeLabel: This field should match the Volume Name assigned in the corresponding metadat load file. 3. ImageFilePath: The path othe image from the root ofthe delivery media, 4. DocumentBreak: The leter"Y" denotes the fist page of «| Docent 1 Us field is blank, de page is not the Hrs page ofa Document. FolderBreak: Leave empty BoxBreak: Leave empty. PageCount: Optional vill, Example Opticon Delimited File ‘MSC00000 ,MSC0O!,D AMAGES\001\MSCO00001 TIF,Y,,3 'MSC000002;MSCOO'I ,DIMAGESi90 1 \MSC000002, ‘TIF, Y, 'MSC000003,MSCOO 1 ‘DIMAGESi00 1 \MSCO00008 “TIP, ¥", 'MSC000004, MSC0O] ,D'IMAGES\001\MSC000008.TIF.Y,.2 ‘MSC000005,MSCOD1;D:IMAGES00IMSCOG0005.TIF.Y., jx Concordance Delimited Files: BegDechbEndDochpBegAstachbbEndAtiachhbCustodian) X_The data load file should use standard Concordance delimiters 1 Comma 4 (ASCII 20) 2. Quoto—p (ASCII 254) 3. Newline (ASCINI74) Xi, The first record should contin the field names inthe order of the deta; xii. All date fields should be produced in mmideyyyy format; ili Use-carage-retur line-feed to indicate the start ofthe next records iv. Load files should not span across media e.g, CDs, DVDs, Hard Drives, te.) a separate volume should he created for each piece of media delivered;xv, The name ofthe date load file should mirror the name ofthe delivery volume, and should have a DAT extension (.¢, ABCOOLDAT): xvi The volume names shouldbe consecutive (ie, ABCOOI, ABCOOR, et) ‘wil. A sample DAT file inthe appropriate format is below (the three entries below are, respectively, the header row, parent email, and a spreadsheet alachment: Sample DAT fle Begining Bxs Numbering ats NunbobBesinnng Bates Ranged {pein Bs RaneptpPage Coun} Exenonpb le pep Casadan pple Cusocionehauthor bron tp TopICCHBBCCHasabiec Mpa Cee pine ate Dac Mosc HlimeLasMadicdh}pbueSenotpie Sonate Reeve ev leant honeh BFICEcnsan pesze hold gtpMDstaot plesagelDp Convene pesnfidomy test alga vePun e00con0pson09001pgponoI0njapaooOOTEF ES AH Sab hn HSDPA Sue lane Doetlane W, Shi Mark DebtpoBCeks Psa 2803001 ANS 00893011 AND inbox yap Tets AMPLE ONOOHOOIOOL HA cooooeyontcen}g}on0nn0 p20000029N) lst pAcco ats Rssatehplohn Sip ob Set HPDBETPHHI222 20091222008 A Nopshanto bane nompop tien Clunab ex SAMPLE 0000000002 rpNnveSAMPLE ADD GG00002 Is) ‘Table 1~ Metadata Fields FIELDNAME FIELD DESCRIPTION | BEGBATES ———— eiaing profi aurora gives Hisiomamant | EXDEATES ding psdacton manera give Homme ATTACHCOUNT Nanbe ofc les . ‘ATTACENAME The Ble mat) ofthe tached Hans dlincd wi senisslon z PARENTBATES Beginning bates number for the parent item of a family.” BEGATTACH —] Beginning Bue rimbe fers Docomentn¢ Docaac fay ange Dosen tht se pat of Doan aes, i confining pret oc tahmans should sic ale ENDATTACH Ending Bes umber oft ast Documenta atacrent | ranges Docent family range. Document tat ere prof Document unis, e. conning paras or atau, Soul yi ae. This field willbe populated in each documen/record that isan attachment, ic, “childs but the field would not be populated for documents'ecords that are not par of ail 7PAGECOUNT. ‘CUSTODIAN Person or other source from whomiwhich files were collected (last name, frst name format) ALLCUSTODIANT “The names of the Custodian (listed above) and all oer custodians, including BCCs, that the producing party agreed to produce and who had the file but where the file was climinated through de-duplication (lst name, frst name ‘CONFIDENTIALITY format ae File extension — z zz MDS value ofthe ile generated a the Document family Tevel ae ‘Subject Sender as Recipies 4 Copyeets) Blind Copyee(s)_———— DATESENT Date Sent & Time (MMIDDIYYYY HIE) DATERECEIVED — Date Received & Time (MM/DDIYV YY HE:MN), AUTHOR ‘Original Author 7 DATECREATED Date & Time that a ile was created (MMIDDIVYYY HMM) _ DATELASTMOD Date mocilied & Tine (MMIDDVYVY BREN FILENAME Filename of the orginal source EST us stored by the custodian FILEPATH ull path ofthe original source FSI es stoned by the eutodian NATIVEFILE Path to native file as produced if alive files provided TEXTPATH, Path t9 OCR or extracted text file PRODVOLUME entfes the production in which the document was included ‘Denotes the confidential designation ofthe produced document Title field exacted from the metadata of @ nomena THLE FILETYPE “The type of document — = DUPLICATEFILEPATH |Full path of the original source EST as sored by the custodian, that the producing party agreed to produce and who had the file but where the fle was eliminated through de-duplication REDACTED “Yes,” and “True” are both acceptable indicators thatthe document is redacted. Otherwise, blank EMAIL THREAD ID ‘Unique identification number that permit treading oF email conversations. For instance, unique MS Outlook identification [Number ("PR_CONVERSATION_INDEX")is 22 bytes in Teng, followed by 2eo or more child blocks each 5 bytes in Jeng, that fetes use of eal threading “This field may also be refered to as a Duplicate Custodian field. in the event of cling productions of documents or EST items, you shall provide a supplemental oad file after the ‘completion ofthe productions to update ths field 8[ TIMEZONEUSED: | Time zone used to provess data during document collection] and processing _ |ASREVISIONS "Yes" and “Tras” are both acceptable Indicators thatthe document has revisions, Otherwise blank UASCOMMENT “Yes” and “True” are both acceptable indicators that the document has comments. Otherwise blank J HASHIDDENTEXT | “Yes” and “True” are both acceptable indicators that the document has hidden tet, Otherwise blank HASHIDDENSLIDES | "Yes" and “Tue” re both acceable inicalon Tate {document has hidden slides. Otherwise blank HASSPEARERNOTES “Yes” and “True” are both acceptable indicators that he HASHIDDENROWS | "Yes" and “True” are both acceptable indicators thal We ‘document has speaker notes. Otherwise blank _| document as hidden rows. Otherwise biank “Yes” and “True are both acxpabe nists athe | document has hidden columns, Otherwise blank ‘Format for Hard-Copy (i, non-ESt) Productions and Static Images. The fllowing Applies to documents that exist only in hard-copy formal or in static image fle format and are therefore unavailable in naive electronically stored information (CEST) format (es, documents scanned fom hardcopy, or dacumants simi in static image format, ike TIFF o PDF) This format also applies to documents ‘that may have been previously collected in other eases tht predate this case and Where the fielded data identified above for ative file collections i unavailable i. All such documents should be produced in the sume format specified in subparagraphs (b), (©), (), and (e) above, excep tat the only metadata fields provided will be BepButes, EndBates, Bogattach, EndAtach, Custodian and TextPath. OCR or extracted text wil also be provided. fi, Produce OCR text for any paper Document. iii, Production format: Single text fle for each Document, not one text le er page iv. File Naming Convention: Match BEGBATES Number ¥. Document Unitiztion. When scanning paper Documents into Document Images, they shall be unitized in a manner s0.as to maintain the Document(s) and any attachments, as they existed in ther original state vi. Grouped Hard Copy Documents. Where a hard-copy document. of & group of documents ~ suc ase folder, clipped bundle, or hinder ~has an ‘dentiication spine or other label, the information on the labe! shall be scanned and produced ws a first document in the unitized grouping ofthe documents. Documents found in such groupings shall be produced with ‘metadata indicator associating them as family members. ‘Missing or Incomect Metadata: If Plaintiff discovers that some o¢ all of the ‘metadata fields are missing or populated incorrectly, and Plaintiffs bring this {Your attention, you shall make reasonable efforts to determine the reason forthe ‘missing or incomplete metadata fields 9Documents fiom Structured Data/Databases: You will produce data exported srom databases ina reasonably useable format, sch as Excel rina pf report format it reasonably useable ot in another reasonably useable forma. I data from databwses or other structure data sources cannot be produced ina reasonably useable format, we shall mest and confer to discuss the isu. LF particular documents warrant 4 Aiterent format, the parties will cooperate to arange forthe mutually acceptable ‘production of such documents. The parties agree not to degrade the seercabiliy of ‘documents as part of the document production process, L tary email atachment, or a coveremail aftaching a document that is being produced, is withheld on grounds of privilege or non-tesponsiveness, a slip shet Will be provided stating thatthe atachment or cover email hes been ithheld and {entifying the basis for withholding (privilege or non-tesponsivenes). '™, Dedupliation: You shall de-duplicate ESI across custodial and non-custodial dats sources (1, global dedupliation using MDS or SHA-1 Hash value matching), AM. The terms “and/or,” “or,” and “and” are used inclusively, not exclusively. 12. The singular includes the plural number, and vice verst, The masculine ineludes the feminine and neuter yet. The past tense includes the present tense where the dese ‘meaning is not distorted by change of tense 13. The terms “identify” or “identity” when used herein means: a, With respect to a natural Person, all that you know or that you can determine about his or her fll name of names, ttle, present or last known employer or job deseription, and present ot last kaown hme and business addresses. b. With respect to an entity or organization Which isnot & natal Person all that you know or that you can determine abou it full name or names, dates and places of formation, principal places of busines, and business addresses. Wilh reapect ‘ documents, all that you know or that you can determine about tile, type of documens, date, author, addressee, recipients, any identifying numbers on such document, substance of its contents, subject matter, present locaton, present custodian, and each person Who has possession, custody, or control over each copy of each document. d. With respect to a physical objec, all that you know or that you ean determine about is common name, ‘dentifVing number(s), manufacturer, and date of manufacture of the object. With reseas to an event, all that you know or can determine about the da, time, place, patiipent, actions taken, and results obtained 14, The terms “custodial document,” “custodial documents,” “custodial fe,” or “custod files” shall mean a! docunients maintained by your current employees and past employees (white they were emplayed). For example, custodial dacuments include each document on andor in an individual empioyee's computer, voice mail, office desk, office filing cabinet or storage system, file storage maintained by that person outside of hisher office, and any ‘other location in which that employee keeps or kept documents. If you have failed topreserve or no longer have custodial documents for any current of past employee !mplicate by these Requests, please comply with Instruction $ above, 15. The tems “communication” or “communications” includes, without limitation, every manner of means of statement, utterance, notation, disclaimer, transfer, or exchange of information of any nature whatsoever, by orto whomever, whether oral, written, or face- to-face, by telephone, U.S. mail, personal delivery electronic mail, computer or otherwise, specifically including, without limitation, comrespondence, conversations, dialogue iscussions, interviews, consultations agreements, and other understandings. 16, The term “information” should be construed in the broadest posible sense. tis intended reference bath facts and applicable principles. This term should not be construed to be limited by any method of acquisition or compilation and should, therefore, be construct 9 include ora information as well as documents. 17. The terms “person” or “persons” includes, without limitation, « natural person, fm, association, organization, partnership, business, trust, limited liability company, corporation, ar public entity. 18, The terms “entity” or “entities” includes, without limitation, any corporation, corporate form (such 25 a limited partnership, limited liability partnership, or limited ibility company), perent company, aia, subsidiary, partner, member, Venture, partnership OF any othe trecture (ora chain of successive entities) that conducts business, has conducted ‘business, or anticipates conducting business 19, The terms “concerning” or “relating to” shall mean refering to, reflecting or related in ay manner, logically, factually, indiretly or directly tothe matter discussed 20. The terms “deseribe” or “describing” when usod in reference to any documents or tangible evidence includes, without limitation, stating the title or name, det, time, author of documents, the common name, identifying number, manufuctuter and date of manufacare of any object and the name and address of the person(s) having possession, custody, or ‘onrol of such atthe present time 21. The terms “evidencing” shall mean constituting, reflecting, memorializing, referring to andior supporting — logically, fuctully, indirectly or drectly~ te matter discussed 22, The tem “damages” shall mean al claims fr relief elleged by Plants 23, The tenn “Decedent” shall meun Casey Skin, 24. The term “Site” shall refer to the Buncombe County, North Carolina location where Devedent was located atthe time ofthe events that form the basis ofthis lawsuit 25, The term “Biltmore Property” shall refer othe property owned by the defendants inthis Jawsuit, including the area where the incident occured26, The erm “incident” shall mean, unless otherwise indicated, the events which give rise to this lawsuit shat oceured on June 17, 2022, EIETH REQUEST FOR PRODUCTION OF DOCUMENTS 1, Please produce your financial statements for 2018, 2019, 2021, and 2022. This ‘incuides, but isnot limited to, balance shees, income statements, and eash flow statements, RESPONSE! 2. Please produce documents and communications used to ari at your tangible ast worth RESPONSE; 3. Please produce documents and communications concerning all internally ot extemally prepared financial information (including business or asst valuations) provided to any third party in connection with any potential merger, acquisition sale or other business RESPONSE: 4. Please produce al apreisls of real property and/or business assets, RESPONSE: 5. Please produce all documents and communications concerming your tax returas for 2018, 2019, 2021, and 2022. This includes, but is nt limite to, your faderel and sae tax retuins. RESPONSE: 6. Please produce all documents, notes, memoranda, correspondence, andlor emails that concern, pertain oF relate to your corporate financials, RESPONSE:7. Please produce all records of loans, assets, and liabilities of The Biltmore Company LLC. RESPONSE: 8. Please produce all documents, notes, memorands, corespondence, andor emails ‘hat concen, pertain or relate tothe ownership interests of The Biltmore Company, LLC, The Biltmore Company, the Biltmore Estate Wine Company, LLC, and Village Hotel on Biltmore Butate, LLC. RESPONSE: 9. Please produce documents that concem, refer, orFlateo your projected profits from 2023 to 2032, RESPONSE: Respectlly submitted, ANGELA SKUDIN, individually, as personal representative of ESTATE OF CASEY SKUDIN, and on ‘behalf of her minor child, CHANNING SKUDIN, and BENIAMIN SKUDIN, Plait, By Counsel a BAILEY & GLASSER, LLP Brian A. Glasser (admitted pro hac vice) Brian R. Swiger (admitted pro hac vice) 209 Capitol Steet Charleston, WV 25301 308-345.6555 304-342-1110 facile belasser@baileve bowigertabaileyelasser com“Tikkun Gotschalk (NC Bar #93945) Robert Deutsch (NC Bar #5877) Deatsch & Gotshal, B.A One Page Ave, Suite 200, Asheville, NC 28601 828-281-0600, 528-281-5508 facsimile tkkunddalawpe.com Attorneys fr Plaintiffs 14(CERTIFICATE OF SERVIC ‘Ths isto certify thatthe undersigned has this dete served “Plaintiffs? Sixth Request for Discovery to Defendants The Biltmore Company, The Biltmore Company, LLC, Biltmore Estate Wine Company, LLC and Village Hotel on Biltmore Estate, LLC” inthe above-entited action "pon all attorneys fr said partes via electronic mal and by FirstClass U.S, Mail to the Iollowing address: Tsaae N. Northup 72 Paton Ave ‘Ashevilla, NC. 28801 ‘Nochuehelboothsmith com ‘Ann-Paton Homhat ROBERTS & STEVENS, PA, Wyat S. Savens Dennis L-Martn, J. City Cenre Building 301 College street, Suite 400 Asheville, NC 258011 sphomhal@robets-sovens com sicenai@mobensievens.con ‘dmartinambertsstevens cam ‘This BH day of September, 2023,