This box for Court use only SupremeCourt of the State of New York Queens County: Compliance Settlement and Conference Part Commercial Part Present: “HON,MARGUERITE A. GRAYS FanciscsMonteniroseFal Indernunber 7OG109/20 7 Plaintiff(s)/Petitioner(s) -against- Coavl Movtesinds eta| Date Rul filed: Defendent(s)/Respondent(s) Compliance Conference Order eeTWs Metter= coerce > Complex track PennePomona nea7 Tsand 4Thietdary_ Defendant(s)/Respondent(s) Mie Ss ;

Upon the Preliminary Conference Order dated_’ AeA TNISIEand following a Compliance Conference held on 47725 , and it appearingthat disclosure previously ordered herein has not been completed, or that additional disclosure is warranted,it is hereby ORDERED,that disclosurehallaeiesetaebe completedin accordanceherewith, anditis further ORDEREDthatplaintiff/_/Ly wis 2"shallserve:and file a Note of Issue and Certificate of Readiness onor before (cour use oniy) 2/1 , and shall furnish to the Compliance Settlement and Conference Part, Commercial Part “within ten (1 0) days thereafter a copyofthe filed Note of Issue and Certificate of Readiness, together with an affidavit of service, and that the failure to do so shall be groundsfor dismissalfor failure to prosecute pursuant to CPLR 3216,as setforth in the Demand below,anditis further ORDEREDthatall proceedings directed herein shall be completed on or before the datessetforth.

No adjournments are to be had without the Court’s written approval, and adjournments MAY NOTbe had upon thestipulation of the parties alone, andit is further ORDEREDthatanyfailure to comply strictly with the terms of this order shall be groundsfor the striking of pleadings or otherrelief pursuant to CPLR 3126, and it is further ORDEREDthat disclosure demands now knownto be necessary whichare not raised at this conference are deemed to be waived, and it is further Rev'd October 26, 2007

Insertanyfurtherprovisions regarding depositions) vwn Rontesns OM -er—beice soe 2025wo Franc) sco ORDEREDthat depositions shall continue from day to day until completed,andit is farther ORDEREDthatin the eventthat there is a need for a Confidentiality/Non-Disclosure Agreementprior to disclosure, the party({ies) demanding sameshall prepare and circulate the proposed agreement.If the party(ies) cannot agree as to same, they shall promptly notify the Court.

is further ORDEREDthat anyfurtherthird-party actions shall be commenced promptly upon discov- It ery of the identity of the third-party defendants, but not more thanthirty days after the completion of deposi- tions, unless for good cause shown, andit is further ORDEREDthat parties aggrieved byfailures to disclose must move promptly for relief or be deemed to have waived the outstanding items, and it is further ORDEREDthatanystatutory stays of disclosure due to the pendency of motions pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary judgment pending the filing of a note of issue as directed herein, andit is further ORDEREDthatanypartiesfailing to appearat this Conference shall be bound bythe termsofthis order, andit is further ORDEREDas-— a“ yy) svt to f,

In the Matter of the Hybrid Proceeding and Action of FRANCISCO JAVIER MONTESINOS, as Member and as a holder of 50% of Votes of All Outstanding Units entitled to vote, suing individually, and derivatively on behalf of ELECTRONICS MADE EASY LLC d/b/a Integrated Custom Audio Video, and TECH LIFE

Paul Montesinos individually and derivatively on behalf of ELECTRONICS MADE EASY LLC d/b/a Integrated Custom Audio Video,

MICHAEL C. MULÈ, an attorney admitted to practice before the Courts of the State of New York, affirms under penalty of perjury, the truth of the following:

As more fully described in the Affirmation of Fracisco Javier Montecinos in Opposition to Order to Show Cause, the subpoena was served in good faith based on the Plaintiffs’ belief that he possessed knowledge and materials relevant to the causes of action alleging that defendant Paul Montecinos breached his fiduciary duty and breached his duty of faithful service (see Dkt. No. 2, Complaint).

The Plaintiffs respectfully request that the Court deny the Order to Show Cause and permit the Plaintiffs’ subpoena upon Spalter to proceed.

In the Matter of the Hybrid Proceeding and Action of FRANCISCO JAVIER MONTESINOS, as Member and as a holder of 50% of Votes of All Outstanding Units entitled to vote, suing individually, and derivatively on behalf of ELECTRONICS MADE EASY LLC d/b/a Integrated Custom Audio Video, and TECH LIFE

Paul Montesinos individually and derivatively on behalf of ELECTRONICS MADE EASY LLC d/b/a Integrated Custom Audio Video,

This affirmation is submitted in opposition to the Plaintiffs’ Order to Show Cause to quash or limit the Plaintiffs’ subpoena seeking documents and testimony from Mr. Michael Spalter (“Spalter”).

As further discussed in the Complaint filed by the Plaintiffs in this matter, Paul and I were joint 50% stakeholders in ICAV for approximately 20 years.

A subpoena was served upon Spalter on the good faith belief that his documents and testimony will be relevant to the Plaintiffs’ causes of action against Paul and SHL for breach of fiduciary duty and faithless service to ICAV.

Sales Order Summary 6 - Lutron Ketra, Lighting Control & Shades Budgetingsales Rep; Paul Montesinos Spalter, Michael:34 North 7th Street Payment Schedule Payment Schedule Deposit 8 Weeks Prior to Ordering Equipment 3 When Equipment is Delivered to Site 4 Completion of Project Change Orders Description Reference Invoices Invoice Date 2/22/2024 2/28/2024 2/28/2024 Payments Payment Date 12/21/2023 2/24/2024 2/24/2024 2/24/2024 % 50% 25% 15% 10% Amount $302,683.23 $151,341.62 $90,804.97 $60,536.64 Total Invoiced % Status Paid in Full Paid in Full Not Submitted Total $302,683.23 $151,341.62 $90,804.97 Paid $302,683.23 $151,341.62 $33,596.89 Balance $0.00 $0.00 $57,208.08 Reference# Type Wire Transfer Wire Transfer Wire Transfer Wire Transfer Amount $184,938.51 $117,744.72 $151,341.62 $33,596.89 Page: 1

Sa^es Order Summary 6 - Lutron Ketra, Lighting Control & Shades Budgeting Sales Rep: Paul Montesinos Spalter, Michael:34 North 7th Street Totals Contract Total: Change Order Total: Grand Total: Invoiced Total: Total Payments: Unpaid Balance: Not Invoiced: $605,366.46 $605,366.46 $544,829.82 $487,621.74 $57,208.08 $60,536.64 Page: 2

Exceptions only exist if the documents or testimony sought by the subpoena could be expected to breach the party’s privacy interests, such as by violating a legal privilege or revealing confidential proprietary information about the party’s business.

The Second Department has repeatedly described CPLR 3101(a)(4)’s notice requirement as “minimal” (Nunez v Peikarian, 208 AD3d 670, 671 [2d Dept 2022] [“The party who served the subpoena has an initial minimal obligation to show that the nonparty was apprised of the circumstances or reasons that the disclosure is sought.”]; Reda v Port Auth.

Some courts have held that attaching a copy of the entire complaint to the subpoena will satisfy the requirement (Kapon, 23 NY3d at 39), but the Second Department holds that is not mandatory, and a lesser amount of detail will suffice (Bianchi, 131 AD3d at 559).

A document request is not considered vague when the recipients “need not speculate as to what is asked for, but are being told exactly what records they must produce” (Matter of Lewis v Hynes, 82 Misc2d 256, 258 [Sup Ct, Queens County 1975], affd 51 AD2d 550 [2d Dept 1976]).

Specifically, they seek documentation sufficient to show the identity of the person or company who received the wire transfers detailed on the Sales Order Summary form, or other payments related to the Project.

In the Matter of the Hybrid Proceeding and Action of : FRANCISCO JAVIER MONTESINOS, as Member : and as a holder of 50% of Votes of All Outstanding : Units entitled to vote, suing individually, and ; derivatively on behalf of ELECTRONICS MADE ; EASY LLC d/b/a Integrated Custom Audio Video, ; and TECH LIFE CONNECTION LLC, : Petitioners/Plaintiffs, ; Index No.: 706185/2024 For the Judicial Dissolution of: ; ELECTRONICS MADE EASY LLC d/b/a Integrated : Custom Audio Video, pursuant to the § 702 of the : Limited Liability Company Law and the common law and related claims, :

Paul Montesinos individually and derivatively on ; behalf of ELECTRONICS MADE EASY LLC d/b/a : Integrated Custom Audio Video, ; Third-Party Plaintiffs : -against- : Dawn-Marie Grossman Montesinos, : Third-Party Defendant ; ELECTRONICS MADE EASY LLC d/b/a Integrated Custom Audio Video, Nominal Third-Party Defendant.

GABRIELA ANTONINI, being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age and resides in Nassau County, New York.

Michael Spalter 34 North 7th Street New York, NY 11249 8481994.1 at the address designated by said attorney for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper in an official depository under the exclusive care and custody of FED EX FOR OVERNIGHT DELIVERY.

Notary Public, State of New York No. 01SA6110218 Qualified in Nassau County 60 Commission Expires May 24, 20 *<° 8481994.1

In the Matter of the Hybrid Proceeding and Action of FRANCISCO JAVIER MONTESINOS, as Member and as a holder of SAYo of Votes of All Outstanding Units entitled to vote, suing individually, and derivatively on behalf of ELECTRONICS MADE EASY LLC dlblalntegrated Custom Audio Video, and TECH LIFE CONNECTION LLC, Petitioners/Plaintiffs, For the Judicial Dissolution of: ELECTRONICS MADE EASY LLC d/b/alntegrated Custom Audio Video, pursuant to the $ 702 of the Limited Liability Company Law, -against-

LLC, and JOHN DOES # 1-10 being fictitious names to be substituted for other shareholders and members as identified, Respondents/Defendants.

Paul Montesinos individually and derivatively on behalf of ELECTRONICS MADE EASY LLC dlbla Integrated Custom Audio Video, Third-Party Plaintiffs -against- 8476640.1 Dawn-Marie Grossman Montesinos, Third-Party Defendant ELECTRONICS MADE EASY LLC d/b/alntegrated Custom Audio Video, Nominal Third-Party Defendant.

UPON the annexed Emergency Aflirmation of James A. Rose, Esq. dated the lTth day of Jantary,2025, the annexed Affirmation of defendant Paul Montesinos dated the 17e day of lanuary,2025, and the exhibit annexed thereto, and the corresponding Memorandum of Law of James A. Rose, Esq. dated the l Tth day of January , 2025, afi upon all the prior pleadings and proceedings heretofore had hcrein, NO\ , on motion of Certilman Balin Adler & Hyman, LLP, attomeys for Defendants Paul Montesinos, Kameni Prashad, and Smart Haven Lifestyle LLC in the above-referenced action, it is hereby: ORDERED, that plaintiffs Francisco Javier Montesinos and Tech Life Connection LLC @/ day of Jannary, 2025, before the Honorable ' - t r,J ^t["X,.i+,*i 1f tlgy..have any, on the / fl\f{-,ut,;lr.iI tr r'' Pib e.-""' ' \rk .ftfi\il,, at 93O o'clock in At the Courthout e located at 88-11 Sutphin Blvd, Jamaica, New York, or as soon thereafter as counsel can be heard, why an Order should not be made and entered: (l) Pursuant to CPLR 2304, quashing or modifting the non-party subpoena to take the deposition of and produce documents of Michael Spalter, and (2) Pursuant to CPLR 3103, denying, limiting, conditioning or regulating plaintiffs' use ofthe non-party subpoena to take deposition ofand to produce documents of Michael Spalter in the instant action, and it is further, ORDERED, that pending the hearing and determination of this motion, the non-party *f ilr 0nl9 u' a- cr,\W A

tQ Ory,L &rci.tvvte,* r\l ,") lr t.' ,t..; *( o'l*<-l*i [q-,u,t,*to r V Ir- \-{*- Alh,n dE&- e.^- h)rh /"1^'SI Un"l- A'1rn*f subpoena to take the deposition of and produce documents of Michael Spalter is immediately stayed, and it is further ORDERED, that pending the hearing and determination of this motion, plaintiffs shall not in any way attempt to enforce the non-party subpoena to take such deposition and produce such documents, and it is further ORDERED that sufficient cause having been shown, service ofthis Order to Show Cause, with the supporting papers upon which it is based, together with index number and date of filing, shall be made on or before Januad!_, 2025, by electronic filing on N,Y.S.C.E.F.