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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA (Ft. Lauderdale)

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

AKAI CUSTOM GUNS, LLC, et al.,

Plaintiffs,

vs.

KKM PRECISION, INC., et al.,

Defendants.

_________________________________/

DEFENDANT KKM PRECISION, INC.’S RESPONSE TO PLAINTIFFS’ REQUEST 

FOR ADMISSIONS DATED APRIL 12, 2022

The Defendant, KKM Precision, Inc., by and through the undersigned Counsel, hereby 

serves its Response to the Plaintiffs’ Request for Admissions dated April 12, 2022, as follows:

1. Admitted, see KKM 000005.

2. Denied. The barrels sold to Akai were made from steel bar stock that KKM ordered 

to be manufactured within its 416 Restricted specifications, which require: (a)

Carbon within a range of 0.08% - 0.15%; (b) Phosphorus within a range of 0.01% 

- 0.06%; (c) Silicon within a range of 0.3% - 1%; (d) Nickel within a range of 0.15% 

- 0.7%; (e) Copper within a range of 0.02% - 0.6%; (f) Manganese within a range 

of 0.3% - 1.2%; (g) Sulfur within a range of 0.15% - 0.375%; (h) Chromium within 

a range of 12% - 14%; (i) Cobalt within a range of 0.02% - 0.05%; (j) Molybdenum 

within a range of 0.02% - 0.45%; and (k) the steel must be melted by Electric 

ARC/AOD vacuum furnace method only.

3. Admitted, see KKM 000004.

4. Denied. The barrels sold to Akai were made from steel bar stock that KKM ordered 

to be manufactured within its 416 Restricted specifications, which require: (a) 

Carbon within a range of 0.08% - 0.15%; (b) Phosphorus within a range of 0.01% 

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- 0.06%; (c) Silicon within a range of 0.3% - 1%; (d) Nickel within a range of 0.15% 

- 0.7%; (e) Copper within a range of 0.02% - 0.6%; (f) Manganese within a range 

of 0.3% - 1.2%; (g) Sulfur within a range of 0.15% - 0.375%; (h) Chromium within 

a range of 12% - 14%; (i) Cobalt within a range of 0.02% - 0.05%; (j) Molybdenum 

within a range of 0.02% - 0.45%; and (k) the steel must be melted by Electric 

ARC/AOD vacuum furnace method only.

5. Admitted, see KKM 000008.

6. Denied. The barrels sold to Akai were made from steel bar stock that KKM ordered 

to be manufactured within its 416 Restricted specifications, which require: (a) 

Carbon within a range of 0.08% - 0.15%; (b) Phosphorus within a range of 0.01% 

- 0.06%; (c) Silicon within a range of 0.3% - 1%; (d) Nickel within a range of 0.15% 

- 0.7%; (e) Copper within a range of 0.02% - 0.6%; (f) Manganese within a range 

of 0.3% - 1.2%; (g) Sulfur within a range of 0.15% - 0.375%; (h) Chromium within 

a range of 12% - 14%; (i) Cobalt within a range of 0.02% - 0.05%; (j) Molybdenum 

within a range of 0.02% - 0.45%; and (k) the steel must be melted by Electric 

ARC/AOD vacuum furnace method only.

7. Upon information and belief, denied. KKM has not located any invoices showing 

a direct sale of 10 1911 style barrels to Plaintiff Akai on August 26, 2019. It appears 

that Plaintiff Akai purchased 10 1911 style barrels from Speed Shooters 

International on August 26, 2019. See Akai Horowitz #535.

8. Denied, as KKM has not located any invoices showing a direct sale of 10 1911 style 

barrels to Plaintiff Akai on August 26, 2019.

9. Denied as phrased. As of the date of these Responses, Plaintiffs have yet to produce 

to KKM any barrel that they claim to have been “soft,” defective, or out of spec., 

so KKM has not had the opportunity to test or inspect the Plaintiffs’ allegations –

after more than two years have passed. Plaintiffs’ own actions have prevented 

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KKM from obtaining any evidence or information that would cause it to correct or 

retract the “open letter” referenced in this Request. Moreover, the Plaintiffs’ own 

designated expert, Martin Crimp, has stated that the hardness tests performed by 

QC Metallurgical on the curved surface of the hollow barrel are improper for 

multiple reasons. 

10. Denied. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served 

electronically to Richard J. Fiato, Esq., Law Offices of Fiato, 550 W. Merrill St., Ste. 200, 

Birmingham, MI 48009 (fiatolaw@gmail.com); Edmund S. Yee, Esq., McKelvie, McKelvie, Yee 

& Epacs, P.C. 280 W. Maple Rd., Ste. 220, Birmingham, MI 48009 (eyee@mmyelaw.com); John 

A. Chiocca, Esq., Cole, Scott & Kissane, P.A., 222 Lakeview Ave., Ste. 120, West Palm Beach, 

FL 33401 (john.chiocca@csklegal.com; stephanie.chiocca@csklegal.com); Nicholas D. Freeman, 

Esquire and John Y. Benford, Esquire, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 111 

N. Orange Ave., Ste. 1200, Orlando, FL 32801 (nicholas.freeman@wilsonelser.com; 

John.bedford@wilsonelser.com), this 12th day of May, 2020.

/s/ Kevin Robinson

Kevin P. Robinson, Esquire

Florida Bar No.: 0014650

ZIMMERMAN, KISER & SUTCLIFFE, P.A.

315 E. Robinson St., Suite 600 (32801)

P.O. Box 3000

Orlando, FL 32802

Telephone: (407) 425-7010

Facsimile: (407) 425-2747

Counsel for Defendant, KKM Precision, Inc.

krobinson@zkslawfirm.com

jwenhold@zkslawfirm.com

service@zkslawfirm.com

KPR/kpr

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