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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CIVIL DIVISION

DEVIN FILIPPELLI, as Personal 

Representative of the ESTATE OF 

KRYSTAL TALAVERA, on behalf 

of the Estate and her Survivors,

Plaintiff, Case No. 9:22-cv-81731-DMM

v. 

GROW, LLC (d/b/a KD INCORPORATED 

and THE KRATOM DISTRO); and SEAN 

MICHAEL HARDER, individually,

Defendants.

________________________________________/

JOINT DISCOVERY PLAN

On December 22, 2022, Plaintiff, DEVIN FILIPPELLI, as Personal 

Representative of the ESTATE OF KRYSTAL TALAVERA, on behalf of the Estate 

and her Survivors, (hereinafter “Plaintiff”) and Defendants, GROW, LLC (d/b/a KD 

INCORPORATED and THE KRATOM DISTRO); and SEAN MICHAEL HARDER, 

individually (hereinafter “Defendants”), held a telephone conference in accordance 

with Federal Rule of Civil Procedure 26(f) and the Court’s December 16, 2022 Pretrial 

Scheduling Order and Order Referring Case to Mediation. During the telephone 

conference, the parties discussed matters required by Federal Rule of Civil Procedure 

26(f) and the Court’s December 16, 2022 Order. The parties now submit this Joint 

Discovery Plan. 

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Defendants consent to disposition of this case by a U.S. Magistrate Judge. 

Plaintiff does not consent to disposition of this case by a U.S. Magistrate Judge.

(1) An estimated valuation of the case from the perspective of 

Plaintiff and Defendants.

Plaintiff

Plaintiff contends that the estimated value of this case is twenty (20) million 

dollars. Continuing investigation and discovery may cause Plaintiff to amend the 

estimated value; therefore, Plaintiff reserves the right to supplement/amend this 

response as more information becomes available and as may be appropriate and 

necessary. 

Defendants

Unknown to Defendants as Defendants have not had the opportunity to 

determine and evaluate the categories of damages which may be available to Plaintiff

pursuant to Fla. Stat. § 768.21.

(2) The date for exchanging initial disclosures pursuant to Rule 

26(a)(1).

Plaintiff 

Pursuant to Federal Rule of Civil Procedure 26(a)(1)(C), Plaintiff agrees to 

make initial disclosures to Defendants within fourteen (14) days after the Rule 26(f) 

conference, which is January 5, 2023.

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Defendants

Defendants requested initial disclosures by February 1, 2022, primarily 

because Defendant Mr. Harder needs additional time to retain criminal defense 

counsel prior to making any disclosures which would violate his 5th Amendment 

rights. As indicated above, Defendants consent to disposition of this case by a U.S. 

Magistrate Judge. 

(3) The subjects on which discovery may be needed.

In accordance with Federal Rule of Civil Procedure 26(f)(3)(B), the parties

agree that discovery may be needed on the following subjects: 

a. The allegations and claims contained within Plaintiff’s Complaint.

b. Friends and family of Krystal Talavera.

c. Medical examiner of Krystal Talavera.

d. Medical experts.

e. Law enforcement officers who investigated the death of Krystal 

Talavera.

f. The denials and defenses raised in Defendant’s Answer.

g. Parties within the chain of distribution.

h. Employees and co-workers of Defendant Sean Michael Harder.

i. Affiliates of the American Kratom Association (AKA) or similar 

advocacy organizations.

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Continuing investigation and discovery may cause the parties to 

supplement/amend the subjects on which discovery may be needed. Therefore, the 

parties reserve the right to supplement/amend this response as more information

becomes available and as may be appropriate and necessary. 

(4) Whether the parties can agree to limit discovery on particular 

issues through stipulation.

Discovery will not be limited to or focused on particular issues through 

stipulation. 

(5) What document discovery is needed. 

The parties agree that discovery is needed on the following documents: 

a. All documents that support the claims and allegations mentioned in 

Plaintiff’s Compliant.

b. Toxicology and autopsy report of Krystal Talavera.

c. Investigative reports concerning the death of Krystal Talavera.

d. Medical records of Krystal Talavera. 

e. Death certificate of Krystal Talavera.

f. All documents that support the denial and affirmative defenses 

mentioned in Defendant’s filed Answer.

Plaintiff furthers states that discovery is needed on the following documents,

to which Defendants do not agree:

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a. Documents identifying Defendants as consignees and/or importer of 

record of Kratom and Kratom products from 2016 to present.

b. Defendants’ marketing materials regarding Kratom.

The parties intend to gather the necessary documents/discovery in the form of 

interrogatories, requests for production, and requests for admissions as authorized 

by the Federal Rules of Civil Procedure. 

Continuing investigation and discovery may cause the parties to 

supplement/amend the subjects on which document discovery is needed. Therefore, 

the parties reserve the right to supplement/amend this response as more information 

becomes available and as may be appropriate and necessary. 

(6) Whether discovery should be conducted in phases.

The parties will not conduct discovery in phases. 

(7) Whether the parties expect to have disclosure, discovery, or 

preservation of electronically stored information, and if so, explain: (a) the 

main information and documents sought; (b) the expected costs of ediscovery; and (c) whether alternatives to e-discovery are possible. 

In accordance with Federal Rule 26(f)(3)(C), the parties have discussed 

electronically stored information. As guiding principles, the parties agree to meet and 

confer in good faith concerning issues that arise with respect to the disclosure or 

discovery of electronically stored information, and to use their best efforts to produce 

electronically stored information in the format preferred by the requesting party, 

including reasonable requests for production of such information with metadata 

intact. 

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The parties expect to have disclosure, discovery, and/or preservation of 

electronically stored information. The main information and documents sought is the 

Kratom transaction history between Defendants and Krystal Talavera from 2016 

through present and upstream Kratom suppliers. Currently, the expected costs of ediscovery are unknown and no other alternative to e-discovery is possible. 

Continuing investigation and discovery may cause the parties to 

supplement/amend this response. Therefore, the parties reserve the right to 

supplement/amend this response as more information becomes available and as may 

be appropriate and necessary. 

(8) What individuals each side intends to depose. 

Plaintiff 

Plaintiff intends to depose Defendant Sean Michael Harder, individually, and 

as corporate representative of Grow LLC; employees of Grow LLC; Defendants’ 

experts; and all individuals/entities listed on Defendants’ witness list. 

Continuing investigation and discovery may cause Plaintiff to 

supplement/amend this response. Therefore, Plaintiff reserves the right to 

supplement/amend this response as more information becomes available and as may 

be appropriate and necessary. 

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Defendants

Defendants intend to depose individuals relevant to liability, causation, and 

damages to be determined through written discovery.

(9) Any issues about claims of privilege or of protection as trialpreparation materials, including — if the parties agree on a procedure to 

assert these claims after production, whether to ask the Court to include 

their agreement in an order under Federal Rule of Evidence 502. 

Plaintiff 

None. Continuing investigation and discovery may cause Plaintiff to 

supplement/amend this response. Therefore, Plaintiff reserves the right to 

supplement/amend this response as more information becomes available and as may 

be appropriate and necessary. 

Defendants

Defendant Mr. Harder needs additional time to retain criminal defense counsel 

prior to making any disclosures which would violate his 5th Amendment rights.

(10) What changes should be made in the limitations on discovery 

imposed by the Federal Rules of Civil Procedure or the Local Rules. 

The parties do not anticipate any changes to the rules on discovery limitations 

and adopt the default limitations on discovery imposed by the Federal Rule of Civil 

Procedure, local rules, and applicable case law. 

(11) Whether early mediation or a settlement conference with a 

Magistrate Judge prior to the close of discovery would be helpful.

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The parties do not believe early mediation or a settlement conference with a 

Magistrate Judge prior to the close of discovery would be helpful.

Dated: December 29, 2022

 /s/ Michael J. Cowgill

Michael J. Cowgill, Esq. 

Florida Bar No. 1010945

Tamara Williams, Esq. 

Florida Bar No. 127625

MCTLAW

1605 Main St., Ste. 710

Sarasota, FL 34236

mcowgill@mctlaw.com

twilliams@mctlaw.com

hdiener@mctlaw.com

Phone: 888-952-5242

Fax: 941-952-5042

Attorneys for Plaintiff 

Dated: December 29, 2022

 /s/ Justin D. Niznik

Justin D. Niznik, Esq. 

Florida Bar No. 774901 

BOWMAN AND BROOKE LLP 

1064 Greenwood Blvd., Ste. 212 

Lake Mary, FL 32746-5419 

Phone: (407) 585-7600 

Fax: (407) 585-7610 

justin.niznik@bowmanandbrooke.com

kara.thomas@bowmanandbrooke.com

orfa.diaz@bowmanandbrooke.com

Attorneys for Defendants 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 29, 2022, a true and correct copy of 

the foregoing was electronically filed with the Clerk of the Court using the CM/ECF 

system, system, which generates a notice of the filing to all attorneys of record.

/s/Michael J. Cowgill

Michael J. Cowgill

Florida Bar No. 1010945

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