MICHAEL J. KURGAN

6538 Collins Avenue

Unit 288

Miami Beach, FL 33 141

Phone (858) 480-9330

E-Mail n46 1 bb@.gmail . com

Defendant Pro Se

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

THE LANCE AND LINDA NEIBAUER

JOINT TRUST, by and through LANCE

NEIBAUER, as trustee, Case No. 6:14-cv-01192-MC

Plaintiff

DEFENDANT'S RESPONSE TO

PLAINTIFF'S FIRST REQUEST FOR

PRODUCTION TO DEFENDANT

vs.

MICHAEL J. KURGAN, an individual,

Defendant.

To: Plaintiff and its attorney ofrecord:

Pursuant to Federal Rule ofCivil Procedure ("FRCP") 34, Defendant responds to Plaintiff

The Lance and Linda Neibauer Joint Trust, by and through Lance Neibauer, as trustee ("Plaintiff'),

request that Defendant produce the following information to Nicholas J. Henderson, of

Motschenbacher & Blattner, LLP, 117 SW Taylor Street, Suite 200, Portland, Oregon 97204, no

later than thirty (301 days from the date ofthis request.

DEFINITIONS

PAGE 1 - DEFENDANTS RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO

DEFENDANT

Exhibit J - Page 1 of 6 Exhibit J - Page 1 of 5

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 1 of 6
Defendant objects to the Definitions to the extent that they require him to produce more

information than that required under the Federal Rules of Civil Procedure and the cases

interpreting them.

INSTRUCTIONS

Defendant objects to the Definitions to the extent that they require him to produce more

information than that required under the Federal Rules of Civil Procedure and the cases

interpreting them or instruct him to act beyond that which is required ofhim under the rules.

DOCUMENTS REQUESTED

REQUEST FOR PRODUCTION NUMBER 1 : Produce all documents reflecting sources

of income identified in Interrogatory No. 6. This request includes but is not limited to paycheck

stubs, employment agreements, franchise agreements, license agreements, royalty agreements,

annuities, life insurance policies, and disability insurance policies.

RESPONSE:

NA

REQUEST FOR PRODUCTION NUMBER 2: Produce your tax returns for the last 4

years, including all schedules and worksheets.

RESPONSE:

NA

REQUEST FOR PRODUCTION NUMBER 3: For each and every corporation identified

in your response to Interrogatory No. 10, produce all subscription agreements, articles of

organization, bylaws, buy-sell agreements, voting agreements, proxy agreements, or other

shareholder agreements to which such corporation is a party.

RESPONSE:

PAGE 2 - DEFENDANTS RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO

DEFENDANT

Exhibit J - Page 2 of 6

Exhibit J - Page 2 of 5

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 2 of 6
Defendant objects to the Interrogatory and the correlating demand for production, on the basis that

as shown above, on the grounds it is unduly burdensome, overly burdensome, seeks assets which

are exempt from enforcement under Federal and Florida Constitutional law. Furthermore, To the

extent that this seeks information regarding assets held in tenants by the entirety with my wife, the

request violates the rights ofthe Defendants wife. Defendant is a resident ofthe State ofFlorida, and

any information related to his spouse is IRRELEVANT and INADMISSABLE, as it VIOLATES

THE CONSTITUTIONAL RIGHTS AFFORDED HER AND THOSE BELONGING TO THE

DEFENDANT UNDER THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA.

Furthermore, assets held or received are and were as tenants by the entirety and thus exempt from

any enforcement, and therefore irrelevant and inadmissible. Furthermore, objection is further made

to the extent that the disputed judgment is only in the name ofthe Defendant, and Defendants' wife

has and asserts her right to privacy and confidentiality as provided by Florida and Federal law.

Furthermore, the entity is NOT A DEFENDANT to this action, and thus any information sought is

beyond the jurisdiction ofthe Plaintiffto obtain. Therefore, no information will be produced.

REQUEST FOR PRODUCTION NUMBER 4: For each and every limited liability

company identified in your response to Interrogatory No. 11, produce all articles of organization,

operating agreements, admission agreements, and any member agreements to which such limited

liability company is a party.

RESPONSE:

NONE, and therefore NOT APPLICABLE

REQUEST FOR PRODUCTION NUMBER 5: For each property identified in your

response to Interrogatory No. 12, produce your most recent property tax statement, any appraisals of

PAGE 3 - DEFENDANTS RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO

DEFENDANT

Exhibit J - Page 3 of 6

Exhibit J - Page 3 of 5

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 3 of 6
the property prepared within the last four years, and your most recent statement for any mortgage or

other encumbrance identified.

RESPONSE:

Real Property is rented.

REQUEST FOR PRODUCTION NUMBER 6: Produce all statements for the last 2 years

for each account identified in your response to Interrogatory No. 13.

RESPONSE: Attached

REQUEST FOR PRODUCTION NUMBER 7: Produce your homeowners' insurance

policy, and any other insurance policy, including policies covering loss or casualty to any item

identified in your response to Interrogatory No. 17, 18 or 19.

RESPONSE:

None

REQUEST FOR PRODUCTION NUMBER 9: For each vehicle identified in your

response to Interrogatory No. 19, produce all documents reflecting the value of the vehicle, and all

documents reflecting any loans against or security interests in the vehicle during the last 6 months.

RESPONSE:

Attached

REQUEST FOR PRODUCTION NUMBER 10: For any securities identified in your

response to Interrogatory No. 21, produce all documents reflecting the location and value of each

security during the last 6 months.

RESPONSE:

Defendant objects to the Interrogatory and correlating demand for production on the basis that as

shown above, on the grounds it is unduly burdensome, overly burdensome, seeks assets which are

PAGE 4 -DEFENDANTS RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO

DEFENDANT

Exhibit J - Page 4 of 6

Exhibit J - Page 4 of 5

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 4 of 6
exempt from enforcement under Federal and Florida Constitutional law. Furthermore, to the extent

that this seeks information regarding all securities, and because all which are held in tenants by the

entirety with my wife, the request violates the rights ofthe Defendants wife. Defendant and his wife

are both residents of the State of Florida, and any information related to his spouse is

IRRELEVANT and INADMISSABLE, as it VIOLATES THE CONSTITUTIONAL RIGHTS

AFFORDED HER AND THOSE BELONGING TO THE DEFENDANT UNDER THE

CONSTITUTION AND LAWS OF THE STATE OF FLORIDA. Furthermore, because all

securities held or owned by us, are and were owned as tenants by the entirety and thus entirely

exempt from any enforcement, and therefore irrelevant and inadmissible. Furthermore, objection is

further made to the extent that the disputed judgment is only in the name of the Defendant, and

Defendants' wife has and asserts her right to privacy and confidentiality as provided by Florida and

Federal law. Because the requests seek information that relates to policies jointly held by residents

ofFlorida, the Defendant cannot and will not respond. Without waiving the objections, there are no

non-exempt securities.

REQUEST FOR PRODUCTION NUMBER 1 1 : For any estate identified in your response

to Interrogatory No. 22, produce all documents reflecting your interest in the estate, and any probate

or other court filings related to the estate during the last 12 months.

RESPONSE:

None

REQUEST FOR PRODUCTION NUMBER 12: For each trust identified in your response

to Interrogatory No. 23, produce all trust instruments or declarations, and produce all documents

related to any transfer made to such trust by you during the last 10 years.

RESPONSE:

PAGE 5 -DEFENDANTS RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO

DEFENDANT

Exhibit J - Page 5 of 6

Exhibit J - Page 5 of 5

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 5 of 6
CERTIFICATE OF SERVICE

I hereby certify that on August 3 1, 2017, 1 re-served the foregoing DEFENDANT'S

RESPONSE TO foregoing PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO

DEFENDANT on the following:

Nicholas J. Henderson, OSB No. 074027

Email: nhenderson@portlaw.com

Motschenbacher & Blattner, LLP

1 17 SW Taylor Street, Suite 200

Portland, Oregon 97204-3029

Telephone: (503)417-0508

Facsimile: (503)417-0501

[X] Via Priority Mail Trackable

[ ] Via Facsimile

[ ] Via Hand Delivery

[ ] Via ECF Notification

[ ] Via Electronic Mail to:

DATED: July 19

MIOJASfrXKURGAN

65?8Collins Avenue

Unit 288

Miami Beach, FL 33141

Phone (858) 480-9330

E-Mail n461bb@gmail.com

Defendant Pro Se

PAGE 1 - CERTIFICATE OF SERVICE

Exhibit J - Page 6 of 6

Case 6:14-cv-01192-MC Document 94-10 Filed 11/20/17 Page 6 of 6