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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

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, CHARLES BRADLEY, an Individual

and Kentucky Resident, TIMOTHY MEKOSH,

an Individual and Kentucky Resident, and MICHAEL

DAME, a Canadian Citizen and Kentucky Resident.

Defendants.

_____________________________________________/

DEFENDANT, SHOOTERS CONNECTION, INC.’S RESPONSE TO PLAINTIFFS’

REQUEST FOR ADMISSIONS AND UNVERIFIED INTERROGATORIES

Defendant, SHOOTERS CONNECTION, INC., pursuant to Federal Rules of Civil 

Procedure 33 and 36, hereby files its responses to Plaintiffs Request for Admissions and 

Unverified Interrogatories to Defendant and states as follows:

RESPONSE TO REQUEST FOR ADMISSIONS AND INTERROGATORIES

REQUEST NO. 1 - Admit that between August 2017 and October 2019, you sold KKM 

barrels made from BQ#5 steel to the public.

RESPONSE: Admit that SCI sold KKM barrels. SCI is without knowledge as 

to the metallurgy of the barrels as SCI is a retailer and not a metal testing 

Case 0:20-cv-61469-RS Document 207-178 Entered on FLSD Docket 12/05/2023 Page 1 of 9
CASE NO.: 0:20-cv-61469-RS

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

facility. Upon information and belief, based on conversations with KKM, 

did not utilize BQ#5 416 Steel until after the October 2019 time frame.

REQUEST NO. 2 - Admit that between August 2017 and October 2019, you sold KKM 

barrels made from BQ#5 steel to Plaintiff AKAI.

RESPONSE: SCI is unable to admit or deny this, as SCI is not an expert in 

steel alloys, steel types, nor is it SCI’s area of responsibility to test for alloys.

REQUEST NO. 3 - Admit that between August 2017 and October 2019, Defendant 

Shooters Connection, Inc., was a KKM dealer.

RESPONSE: Admit.

REQUEST NO. 4 - Admit that between August 2017 and October 2019, you did not 

inform and/or advise the public that some of the KKM barrels you offered for sale to the 

public were made from BQ#5 steel.

RESPONSE: Admit that SCI had no knowledge of the metal or alloy types 

and therefore could not advertise barrels as to content or metal brand. 

REQUEST NO. 5 - Admit that BQ#5 steel is not 416R steel.

RESPONSE: Denied. Upon information and belief BQ#5 is a name given by 

some metal manufacturers for their 416R Stainless metal. 

INTERROGATORY NO. 1 – If your response to Request for Admission No. 5 is anything 

other than an admission, please state all evidence upon which you rely for the denial, 

giving names, addresses and telephone numbers of all individuals/witnesses together 

with producing any and all documents upon which you rely.

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CASE NO.: 0:20-cv-61469-RS

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

RESPONSE: Objection insofar as this interrogatory calls for opinions that 

are properly within the knowledge of experts. SCI’s layperson 

understanding of what Plaintiff terms as BQ#5 is a balanced version of 

Type 416 Stainless steel based on the ASM Alloy Digest, available at:

https://doi.org/10.31399/asm.ad.ss0333

REQUEST NO. 6 - Admit that KKM barrels made from BQ#5 steel have a Rockwell 

hardness less than that of KKM barrels made from Outokumpu 416R steel.

RESPONSE: Denied, especially as KKM Barrels may be heated, sanded, 

filed, coated, sleeved and/or otherwise fitted after being delivered to AKAI.

REQUEST NO. 7 - Admit that between August 2017 and October 2019, you did not 

perform Rockwell hardness testing on every KKM barrel you sold to the public.

RESPONSE: Admit. SCI does not perform Rockwell hardness testing on 

any barrel. 

REQUEST NO. 8 - Admit that prior to October 2019, the KKM barrels you sold to the

public were not individually marked with the date each barrel was produced.

RESPONSE: Admit. SCI’s understanding of barrels is that very few barrels, 

with the exception of HK barrels are marked with a date code. Barrels do not 

expire like a jug of milk.

REQUEST NO. 9 - Admit that prior to October 2019, the KKM barrels you sold to the

public were not individually marked with the date it was inspected.

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

RESPONSE: SCI is without knowledge as SCI does not inspect product from 

any of its manufacturers. SCI relies on manufacturers for their production and 

quality control.

REQUEST NO. 10 - Admit that prior to October 2019, the KKM barrels you sold to the

public were not individually marked with any mark indicating that a barrel was tested.

RESPONSE: SCI is without knowledge as SCI does not inspect product from 

any of its manufacturers. SCI relies on manufacturers for their production and 

quality control.

REQUEST NO. 11 - Admit that prior to October 2019, the KKM barrels you sold to the

public were not individually marked with any mark indicating the type of steel used in the

construction of each barrel.

RESPONSE: SCI would need to examine the barrels sold prior to October 

2019 in order to confirm or deny this request.

REQUEST NO. 12 - Admit that prior to October 2019, the KKM barrels you sold to the

public were not individually marked with any mark indicating any serial number of each 

barrel.

RESPONSE: SCI would need to examine the barrels sold prior to October 

2019 in order to confirm or deny this request.

REQUEST NO. 13 - Admit that all times relevant to the First Amended Complaint, 

Plaintiff AKAI did not do anything to change the chemical composition of any KKM barrel

AKAI purchased.

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

RESPONSE: Denied. SCI is not in a position to know what AKAI does with 

the parts it utilizes in its builds.

INTERROGATORY NO. 2 – If your response to Request for Admission No. 13 is 

anything other than an admission, please state all evidence upon which you rely for the

denial, giving names, addresses and telephone numbers of all individuals/witnesses 

together with producing any and all documents upon which you rely.

RESPONSE: Objection, this interrogatory calls for speculation as SCI can in 

no way be in a position to know what heat treating, coating, Parkerizing, 

nitriding, chroming, heating, annealing, or porting, etc. that AKAI does to the 

parts in its’ shop. 

REQUEST NO. 14 - Admit that all times relevant to the allegations of the First Amended 

Complaint, Plaintiff HOROWITZ did not do anything to change the chemical composition 

of any KKM barrel AKAI purchased.

RESPONSE: Denied. SCI is not in a position to know what Horowitz does 

with the parts he utilizes in his builds.

INTERROGATORY NO. 3 – If your response to Request for Admission No. 14 is 

anything other than an admission, please state all evidence upon which you rely for the

denial, giving names, addresses and telephone numbers of all individuals/witnesses 

together with producing any and all documents upon which you rely.

RESPONSE: Objection, this interrogatory calls for speculation as SCI can in 

no way be in a position to know what heat treating, coating, Parkerizing, 

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

nitriding, chroming, or porting, etc. that Horowitz does to the parts in his 

shop. 

REQUEST NO. 15 - Admit that all times relevant to the First Amended Complaint, 

Plaintiff AKAI did not do anything to change the Rockwell Hardness of any KKM barrel

AKAI purchased.

RESPONSE: Denied. SCI is not in a position to know what AKAI does with 

the parts it utilizes in its builds, including the installation of a tungsten 

sleeve.

INTERROGATORY NO. 4 – If your response to Request for Admission No. 15 is 

anything other than an admission, please state all evidence upon which you rely for the

denial, giving names, addresses and telephone numbers of all individuals/witnesses 

together with producing any and all documents upon which you rely.

RESPONSE: Objection as this calls for speculation. Plaintiff AKAI 

advertises the installation of a “oversized tungsten sleeved barrel” at a cost 

of $1,200 on its website. SCI speculates that the installation of the same may 

affect the Rockwell hardness of the barrels utilized. 

REQUEST NO. 16 - Admit that all times relevant to the First Amended Complaint, 

Plaintiff HOROWITZ did not do anything to change the Rockwell Hardness of any KKM 

barrel AKAI purchased.

RESPONSE: See response to No. 15.

INTERROGATORY NO. 5 – If your response to Request for Admission No. 16 is 

anything other than an admission, please state all evidence upon which you rely for the

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

denial, giving names, addresses and telephone numbers of all individuals/witnesses 

together with producing any and all documents upon which you rely.

RESPONSE: See response to interrogatory No. 4.

REQUEST NO. 17 - Admit that between August 2017 and October 2019, KKM 

advertised on its website that all of its barrels were manufactured from 416R steel.

RESPONSE: Without knowledge as SCI does not keep cache’d copies of 

KKM’s website from 2017 to 2019.

REQUEST NO. 18 - Admit that between August 2017 and October 2019, KKM’s website 

stated the following: “All KKM barrels are made using certified 416R gun-barrel quality 

stainless steel bar stock. Our barrels are then heat treated and vacuum tempered to 42 

RC. All of our barrels are CNC machined to obtain superior dimensional tolerances over 

stock. Our advanced proprietary button rifling process allows KKM barrels to offer greater

accuracy over stock barrels. Our barrels come with fully supported match chambers for 

shooting factory or reloaded ammunition as well as lead or jacketed bullets.”

RESPONSE: Without knowledge as SCI does not keep cache’d copies of 

KKM’s website from 2017 to 2019.

REQUEST NO. 19 - Admit that between August 2017 and October 2019, not all KKM 

barrels sold by KKM or you were made using certified 416R gun-barrel quality stainless 

steel bar stock.

RESPONSE: Denied. SCI is of the understanding that all barrels are or were 

416R stainless steel. 

INTERROGATORY NO. 6 – If your response to Request for Admission No. 19 is anything

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CASE NO.: 0:20-cv-61469-RS

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

other than an admission, please state all evidence upon which you rely for the denial, 

giving names, addresses and telephone numbers of all individuals/witnesses together 

with producing any and all documents upon which you rely.

RESPONSE: SCI is not in the business of testing the metallurgy of barrels it 

retails, therefore, SCI cannot opine as to the type of materials that were used 

in the barrels sold.

REQUEST NO. 20 - Admit that KKM authorized you to publish the KKM January 9, 2020 

Open Letter on Shooters Connection, Inc.’s Facebook page.

RESPONSE: Admit.

REQUEST NO. 21 - Admit that between August 2017 and October 2019, the Shooters 

Connection website did not advise its customers that the KKM barrels you were selling 

to the public were not made from certified 416R gun-barrel quality stainless steel bar

stock.

RESPONSE: Denied.

REQUEST NO. 22 - Admit that between August 2017 and October 2019, the Shooters 

Connection website did not advise its customers that the KKM barrels you were selling 

to the public had a Rockwell hardness less than that of KKM barrels made from

Outokumpu 416R steel.

RESPONSE: Denied. SCI’s website made no representations as to the KKM 

1911/2011 barrel hardness.

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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on thisFebruary 7, 2022, a true and correct copy of the 

foregoing was served by electronic mail.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendant

Esperante Building

222 Lakeview Avenue, Suite 120

West Palm Beach, Florida 33401

Telephone (561) 383-9220

Facsimile (561) 683-8977

Primary e-mail: john.chiocca@csklegal.com

Secondary e-mail: kirsheng.chen@csklegal.com

Alternate e-mail: susan.miller@csklegal.com

By: s/ Kir-Sheng Chen

JOHN A. CHIOCCA

Florida Bar No.: 145157

KIR-SHENG CHEN

Florida Bar No.: 91364

0487.2284-00

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