Jerun Kaipat, General Delivery, Saipan, MP 96950 Telephone No.: 670.989.9747

CNMI COURT Case. 18-0071-cv MOTION TO COMPEL DISCOVERY

Undersigned hereby moves for an order compelling ANTONIO KAIPAT to produce certain documents relating to payments from ASSETS RIGHTFULLY BELONGING TO JERUN KAIPAT AND ERIC KAIPAT. and to produce certain emails. Undersigned incorporates by reference herein the relevant facts and background information as set forth in case papers In support of this Motion, Plaintiff states the following:

A. What the Documents Will Likely Reveal and How that Information is Relevant to the Claims and Defenses in this Case

Undersigned will set forth claims of Breach of Trust (Count I) Breach of Duty (Count II); Breach of Contract (Count III); Conversion (Count IV); Fraud and Deceit (Count V); and Unjust Enrichment (Count VI). These claims relate principally to unauthorized payments.

B. The Categories of Documents that Need to be Produced

Accordingly, the following categories of documents for the time period 2007-2020 need to be produced so that Undersigned can further support his claims and/or rebut defenses or assertions:

1. Documents which reflect Antonio Kaipat’s role, responsibilities, duties, ownership interest and/or profit participation in any entity.

2. Documents, including drafts of documents, which reflect consulting agreements or arrangements between Antonio Kaipat and any entity.

3. Documents which reflect any consulting services performed by Antonio Kaipat for any entity.

4. Documents which reflect any payments or transfers of funds to or from Antonio Kaipat by any entity.

5. Antonio Kaipat’s bank records, tax returns, financial statements and books of account.

Antonio Kaipat’s counsel has not adequately explained why Antonio Kaipat has kept money that was supposed to go to Jerun Kaipat and Eric Kaipat since 2007

WHEREFORE, undersigneds respectfully requests that the Court order ANTONIO KAIPAT to produce forthwith the documents specified herein and award JERUN KAIPAT all costs and attorney’s fees incurred in connection with this Motion. A proposed order is attached.

Respectfully submitted,

Jerun Kaipat

CNMI COURT Case. 18-0071-cv

ORDER TO SHOW CAUSE

Upon the affidavit of Plaintiff in the above matter, and upon the exhibits annexed thereto,

LET Antonio Kaipat show cause before this Court on, 2019 at 9:30, why an order should not be granted against him pending determination, and for such other and further relief as this Court may deem just and appropriate. It is ORDERED that all requested documents be provided pending determination of the motion brought on by this order to show cause, and it is further ORDERED that personal service of a copy of this order to show cause is deemed sufficient service thereof, and it is further ORDERED that the motion brought on by this order to show cause shall not be orally argued unless notified to the contrary by the Clerk of the Court.

DATED: