IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL
DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
Vs.

CASE NO.: 14-CA-8902

DIV. B

DARRELL VOLENTINE,
Defendant.
_______________________________/
RESPONSE OF PLAINTIFF SEAFARER EXPLORATION TO DEFENDANTS
FIRST SET OF INTERROGATORIES
Plaintiff, Seafarer Exploration, through the undersigned attorney, hereby submits the
following responses to the Defendants first set of interrogatories.

FIRST SET OF INTERROGATORIES

1.
What is the name and address of the person answering
interrogatories, and, if applicable, the person's official position or relationship with SEC?

these

Kyle Kennedy, Chief Executive Officer and Chairman, Seafarer Exploration Corp.

2.
List the names and addresses of all persons who are believed or known by you,
your agents, or your attorneys to have any knowledge concerning any of the issues in this
lawsuit; and specify the subject matter about which the witness has knowledge.
Gregg Petrakis
Unknown
Fred Rector
14204 Chesnay Court,
Little Rock, AR 72211
Jon Kennedy
45 Pebble Beach Dr.
Little Rock, AR 72212
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Len Kohl
200 Carnegie Beach Road
Port Perry, Ontario

3.
Identify each item of expense or damage that are you claiming in connection
with each Count of your Complaint.

Loss of shares due to lower stock price caused primarily by the postings of the Defendant.
SEAFARERs common stock traded as high as $0.0245 per share in July 2014, and as low as a
recent level of $.006 per share in October 2014. Such decline in price was primarily, or in part
due to the postings by VOLENTINE, which are addressed herein. Calculation of damages caused
is based on the amount of shares that were issues which were more at a lower price, than would
have been issued at the higher price due to the Defendants actions.
Included in the request for production, is the subscription agreements which were done at
the lower values of $.007 and $.008 per share were used due to the lower stock price during the
period of the Defendants posting. As well conversions based upon lower stock price are included
in such calculations as provided in the documents produced.
As well the stock price is reflected upon the produced stock price chart drawn from Yahoo
Finance, which shows the weekly stock price, and the lower prices due to the Defendants postings.
On July 1, 2014, the share price of the corporation was $0.0245 per share. Due to the postings of
the Defendant the stock price to $0.006 per share in October 1, 2014 when the Defendant was still
posting libelous matters. Thus Seafarers 6,000 shareholders had a loss in value of $ 15,901,554.00
to their holdings. This is directly attributable to the actions of the Defendant. The number of shares
issued on July 1, 2014 was 883,419,726 shares.
4.
Identify every document that supports each item of expense or damage identified in
Paragraph 3 above.
As provided by the Stock Transfer Agent and the Corporation, the items of damages are
set forth in the response to request for production and as stated above. These include subscription
agreements that were in place during such time period, as well as the stock transfer agents share
breakdown representing the shares outstanding on July 1, 2014, and October 1, 2014. The pricing
charts provided by public information for the price of the stock on yahoo.com as well as
otcmarkets.com show the pricing and performance of Seafarers shares on each day.
5.
Identify each item of expense or damage that are you claiming in connection
with your Motion.

We are uncertain what motion is being contended. An emergency motion was brought before the
Court for sanctions for continued posting by the Defendant.
Loss of stock/share value to the shareholders of the Corporation. As well as provided on the
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produced share issuance data as addressed in number 3 and 4 above, the amount of shares issued
were greater than what would have been needed to be issued at the lower price of $0.0245 per
share, due to the Defendants actions and postings. On July 1, 2014, the share price of the
corporation was $0.0245 per share. Due to the postings of the Defendant the stock price to $0.006
per share in October 1, 2014 when the Defendant was still posting libelous matters. Thus Seafarers
6,000 shareholders had a loss in value of $ 15,901,554.00 to their holdings. This is directly
attributable to the actions of the Defendant.

6.
Identify every document that supports each item of expense or damage identified in
Paragraph 5 above.

Objection, duplicative. See documents produced and as stated in number 3 above.

7.
List the names and addresses of all persons who are believed or known by you,
your agents, or your attorneys to have any knowledge concerning any of the issues in your
Motion; and specify the subject matter about which the witness has knowledge.

Gregg Petrakis
Fred Rector
Jon Kennedy
8.
List the names and addresses of all expert witnesses you have consulted with or
retained and who you expect to testify, and for each expert witness specify the area of expertise
and the subject matter about which the witness is expected to testify.
No experts have been identified at this time for purposes of trial.

9.
Do you contend that Defendant is the only person or entity that posted false
or misleading information with regard to SEC and/or Kyle Kennedy on the internet? If
your answer is no, identify all other persons or entities that posted false or misleading
information with regard to SEC and/or Kyle Kennedy and identify the false or misleading
information that was posted.

Objection. This would be an affirmative defense to damages. Seafarer has no obligation to decipher
other postings, and is not aware of any other defamatory postings during such period.

10. What was the price per share of SEC stock at the close of business on the
nd
2 and 16th of each month from January 2010 to the present.

Such price chart is provided as to a weekly basis3in documentation provided to the Defendant in an

Excel sheet. The actual parameters of a price chart for those days can not be provided as such.
Defendant can find such on Yahoo Finance where historical prices are attainable, as well as other
stock price web sites.

11. Identify your stock transfer agent and identify any employees, officers, or directors
of the stock transfer agent that are related to any employee, officer, or director of SEC.
ClearTrust LLC Kara Kennedy and Kyla Kennedy are Kyle Kennedys daughters. Juan
Osorio is his son-in-law.
12.
Identify all press releases issued by SEC from January 1, 2010 to the present and
for each press release identify the author.
All Press Releases of Seafarer Exploration are on its site of www.seafarerexploration.com available
to the Defendant. As well all press releases are available from martketwatch.com, otcmarkets.com,
and numerous other public sources.

13.

Identify the officers and directors of SEC from January 2013 to the present.

Kyle Kennedy CEO

Charles Branscum Director
Robert Kennedy - Director

14. Identify all contracts and vendors that have been lost by SEC as a result of the
postings of Defendant.
There have not been established vendor losses. However, the company did suffer sales of shares
that were sold by shareholders. Additionally, the company had to distribute a vast number of shares
which were in addition to what would have had to be issued due to the actions of the Defendant.
On July 1, 2014, the share price of the corporation was $0.0245 per share. Due to the postings of
the Defendant the stock price to $0.006 per share in October 1, 2014 when the Defendant was still
posting libelous matters. Thus, the company had to issue three times more shares than it would
have had to issue when the price was higher. As an example, if such share price were at $0.024 per
share, and the

company were selling restricted shares for $10,000, then the company would issue 408,163 shares.
However, due to the price declination due to the Defendants postings, when such share price was
declined to $0.006 per share, then the company would have to issue 1,666,667 shares. This is a vast
amount of dilution to the shareholders of the Company due to the Defendants actions.

15. Describe in detail how you determined that Defendants postings between July 2014
and September 3, 2014 were the cause of any diminution
of SECs stock value.
4

Seafarer received numerous enquiries through shareholders, directors, officers and

outsiders as to the postings when they occurred. Direct information by at least one and more
shareholders stated they were selling their positions or parts of positions due to the allegations
being made by the Defendant. This caused pressure on the stock price where there otherwise
would not have been sales being made.
16. Is it your contention that Defendants posting from July 2014 to September
3, 2014, were the sole cause of the diminution of SECs stock value during that period? If not,
describe in detail other factors that caused or contributed to the diminution of SECs stock value
during that period.
For purposes of our causes of action, and the damages caused, yes, this is our sole
contention. We are not aware of any other factors. Any other factors would be affirmative defenses
of the Defendant to damages.
17. Describe in detail how you determined that Defendants actions on October
1, 2104, were the cause of any diminution of SECs stock value.

Objection. Calls for a legal conclusion and finding of fact which has already been stated in the
Complaint and in number 15 above. On July 1, 2014, the share price of the corporation was
$0.0245 per share. Due to the postings of the Defendant the stock price to $0.006 per share in
October 1, 2014 when the Defendant was still posting libelous matters. Thus Seafarers 6,000
shareholders had a loss in value of $ 17,000,000.00 to their holdings. This is directly attributable to
the actions of the Defendant.
18.
Is it your contention that Defendants actions on October 1, 2014, were the sole
cause of the diminution of SECs stock value after such actions? If not, describe in detail other
factors that caused or contributed to the diminution of SECs stock value.
Yes. Any other cause is unknown. The Defendant may present other information to offset damages
at the trial on damages.
19.

Identify all lawsuits filed by or against SEC from January 2010 to the present.

MICAH ELDRED v Seafarer Exploration, Kyle Kennedy, Charles Branscum and Robert
Kennedy. Hillsborough Circuit Court Civil Action No. 14-CA-5360
Sunpwr LLC vs. Seafarer Exploration, Martin County, Florida Court

20.
Identify all lawsuits filed against Kyle Kennedy from January 2010 to the present
that relate in any way to SEC.
See above.

21. Identify all compliance complaints or notices of violation issued against

SEC by any county, state, or federal entity from January 2010 to the present.

Seafarer is not aware of any such matter. Any such matter would be disclosed in public filings by
the Corporation, and none were found.

22.
the SEC.

Describe in detail how SEC first become aware of Defendants postings about

Response: Numerous phone calls and messaged came to Kyle Kennedy and Seafarer Office as to
such postings.
23. Identify who, on behalf of SEC, is responsible for reviewing internet
message boards, blogs, or any other published material that affects SEC.

Seafarer has no person assigned to such duties. Shareholders and others send messages and/or
phone calls of postings to bring it to attention of Seafarer. Then outside counsel may be called upon
to review such postings as a matter of course to determine if an action is warranted in order to
protect the shareholders.

24.
Identify (including, without limitation, their name, address, email address, and
relationship, if any, to SEC or Kyle Kennedy) the following aliases which post/have posted on
Ihub regarding SEC:
a. wlfr01 - Unknown
b. BISerNOMORE Michael Ware- Independent Contractor, Deckhand.
c. goldfinger2 Brendan Burke, Investor
d. GREGG THE GREEK Gregg Petrakis