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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 0:20-cv-61469-RS

AKAI CUSTOM GUNS, LLC,

a Florida Limited Liability Company,

and SHAY HOROWITZ, an Individual,

Plaintiffs,

vs.

KKM PRECISION, INC. a Nevada

Corporation, SHOOTERS CONNECTION,

INC., a Kentucky Corporation,

 Defendants.

 /

PLAINTIFFS’ SECOND REQUESTS FOR ADMISSION

TO DEFENDANT KKM PRECISION, INC.

NOW COME Plaintiffs, AKAI CUSTOM GUNS, LLC and SHAY HOROWITZ, by and 

through their attorneys, and pursuant to FRCP 36, hereby demands that Defendant KKM 

PRECISION, INC. provide answers to these Second Requests for Admission at the law offices of 

McKelvie, McKelvie, Yee & Epacs, P.C., 280 West Maple Road, Suite 220, Birmingham, 

Michigan 48009, within 30 days.

INSTRUCTIONS

The answers must include such information as is available to you, or that you can obtain 

from your employees, agents, representatives, sureties or indemnitors including, where applicable, 

the knowledge of your attorney.

These Requests for Admission shall be deemed continuing as required by the Federal Rules 

of Civil Procedure, and supplemental answers thereto shall be required if Defendant, either directly 

or indirectly, obtains further or different information from that upon which these answers are based 

from the time that they are filed until trial of this matter.

Case 0:20-cv-61469-RS Document 207-177 Entered on FLSD Docket 12/05/2023 Page 1 of 6
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If you object to a Request for Admission, specify the basis for the objection, pursuant to 

FRCP 36(a)(5). If you object on the basis of privilege, state which privilege you claim, provide 

the basis for the privilege, along with the name(s) of the person(s) asserting the privilege, date, 

and, if applicable, identify the document and its author(s) and recipient(s).

DEFINITIONS

As used herein, the following definitions apply:

1. The words “you” or “yours” refers to the Defendant, KKM Precision, Inc.; and each 

and every name by which it is known or has been known; its agents, employees, servants, or 

representatives; all other persons purporting to act as its agents, employees, servants, or 

representatives; and all other persons purporting to act on its behalf.

2. The term “document(s)” set forth in these requests is defined to be synonymous in 

meaning and equal scope to the usage of this term in the Federal Rules of Civil Procedure. A draft 

or non-identical copy is a separate document within the meaning of this term. Examples of 

“documents” include, but are not limited to: ESI, all writings of any kind, including originals and 

all nonidentical copies, whether different form the original by reason of any notation made on such 

copies or otherwise, including without limitation, correspondence; memoranda; notes; diaries; 

statistics; letters; materials; orders; directives; interviews; telegrams; minutes; reports; studies; 

statements; transcripts; summaries; pamphlets; books; interoffice and intraoffice communications; 

notations of any sort of conversations; telephone calls, meetings or other communications; 

bulletins; printed matter; teletype; telefax; worksheets; and all drafts, alterations, modifications, 

changes and amendments of any of the foregoing; graphic or aural recordings or representations 

of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, 

videotape, records, motion pictures; and electronic, mechanical, or electrical recordings or 

Case 0:20-cv-61469-RS Document 207-177 Entered on FLSD Docket 12/05/2023 Page 2 of 6
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representations of any kind, including without limitation, tapes, cassettes, cartridges, discs, chips, 

and records.

3. “Relate to” and “regarding” means discuss, describe, refer to, reflect, contain, 

analyze, study, report on, comment on, evidence, constitute, set forth, consider, recommend, 

concern, pertain to, or be in any way legally, logically, or factually connected with the matter 

described in the Request to Produce.

4. “Communication” means any transfer or exchange between two or more persons of 

any information whether written or oral means, including but not limited to, personal 

conversations, correspondence, telephone calls, emails, ESI, and messages on any platform, 

website, or software. This definition includes all communications for which you claim a privilege.

5. “Person” shall mean the plural as well as the singular and shall include any natural 

person, corporation, partnership, joint venture, association, financial institution, trust, commission, 

board, governmental agency, other business association or entity, and every other form of entity 

cognizable by law.

6. As used herein, the terms “identify” or “identification” when used in reference to 

an individual person means to state his/her full name, present address, if known, and his/her present 

employment position and business affiliation. When used in reference to a person other than an 

individual person, “identify” or “identification” means to state whether such person is a 

corporation, partnership or other organization, and the name, present and last known address, and 

principal place of business. Once any person has been identified properly it shall be sufficient 

thereafter when identifying that same person to state his/her name only.

7. As used herein, the term “incident” refers to the event(s) alleged in the First 

Amended Complaint filed in this action.

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8. “Defendant” refers to KKM Precision, Inc. and their respective agents, employees, 

and all other persons acting or purporting to act on Defendant’s behalf, and all of Defendant’s 

representatives whatsoever.

“Plaintiffs” refer to Akai Custom Guns, LLC and/or Shay Horowitz and their respective 

agents, employees, and all other persons acting or purporting to act on Plaintiffs’ behalf, and all 

of Plaintiffs’ representatives whatsoever.

REQUESTS FOR ADMISSION

REQUEST NO. 1 - Admit you sold eight (8) 1911 style KKM barrels to Plaintiff AKAI on 

February 22, 2018. 

REQUEST NO. 2 - Admit the eight (8) 1911 style KKM barrels that you sold to Plaintiff AKAI 

on February 22, 2018, were not made from certified 416R gun-barrel quality stainless steel bar 

stock.

REQUEST NO. 3 - Admit you sold ten (10) 1911 style KKM barrels to Plaintiff AKAI on April 

4, 2018.

REQUEST NO. 4 - Admit the ten (10) 1911 style KKM barrels that you sold to Plaintiff AKAI 

on April 4, 2018, were not made from certified 416R gun-barrel quality stainless steel bar stock.

REQUEST NO. 5 - Admit you sold forty (40) 1911 style KKM barrels to Plaintiff AKAI on July 

30, 2018.

REQUEST NO. 6 - Admit the forty (40) 1911 style KKM barrels that you sold to Plaintiff AKAI 

on July 30, 2018, were not made from certified 416R gun-barrel quality stainless steel bar stock.

REQUEST NO. 7 - Admit you sold ten (10) 1911 style KKM barrels to Plaintiff AKAI on August 

26, 2019.

REQUEST NO. 8 - Admit the ten (10) 1911 style KKM barrels that you sold to Plaintiff AKAI 

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on August 26, 2019, were not made from certified 416R gun-barrel quality stainless steel bar stock.

REQUEST NO. 9 – Admit that subsequent to the filing of the Plaintiffs’ First Amended 

Complaint, you have not taken any steps to correct and/or retract any statements you made in your 

January 9, 2020 Open Letter to the public regarding Plaintiff AKAI as outlined in Plaintiffs’ First 

Amended Complaint.

REQUEST NO. 10 – Admit that you knew that from January 2017 to October 2019, some of the 

1911 style KKM barrels that Defendant SCI sold to the public, including, but not limited to 

Plaintiff AKAI, were not made from certified 416R gun-barrel quality stainless steel bar stock.

Respectfully submitted,

/s/ Richard J. Fiato

Richard J. Fiato, FBN 15998

Attorney for Plaintiffs

550 W. Merrill Street, Suite 200

Birmingham, MI 48009

(248) 262-5403

fiatolaw@gmail.com

/s/ Edmund S. Yee

Edmund S. Yee

Pro Hac Vice No.: 1022557

Attorney for Plaintiffs

280 West Maple Road, Suite 220

Birmingham, Michigan 48009

(248) 952-5100

Dated: April 12, 2022 eyee@mmyelaw.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 12, 2022, a copy of the foregoing was served upon the 

attorneys of record for all parties represented, by electronic email service.

/s/ Richard J. Fiato /s/ Edmund S. Yee

Richard J. Fiato, Esq. Edmund S. Yee, Esq.

Florida Bar No. 15998 Pro Hac Vice No. 1022557

fiatolaw@gmail.com eyee@mmyelaw.com

550 West Merrill Street, Suite 200 McKelvie, McKelvie, Yee & Epacs, P.C.

Birmingham, MI 48009 280 West Maple Road, Suite 220

(248) 762-0210 Birmingham, MI 48009

Counsel for Plaintiffs Telephone: (248) 952-5100

Counsel for Plaintiffs

SERVICE LIST

Kevin Patrick Robinson

ZIMMERMAN, KISER & SUTCLIFFE, P.A.

315 E. Robinson Street

Suite 600

Orlando, FL 32801

Counsel for KKM Precision, Inc.

John Anthony Chiocca

COLE, SCOTT & KISSANE, P.A.

9150 South Dadeland Blvd.

Suite 1400

Miami, FL 33156

Counsel for Shooters Connection, Inc.

 Stephanie Chiocca

COLE, SCOTT & KISSANE, P.A.

9150 South Dadeland Blvd.

Suite 1400

Miami, FL 33156

Counsel for Shooters Connection, Inc.

John Y. Benford

Wilson Elser Moskowitz Edelman & 

Dicker LLP

111 North Orange Avenue, Suite 1200

Orlando, FL 32801

Counsel for Shooters Connection, Inc. 

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