I am suing someone who said they would invest funds for me by purchasing real estate. They were the manager of the LLC that was supposed to do the investing. I sent out requests for production for the bank account records of the account they used for the investments and for the contracts signed for the alleged performance of work done on the houses. He claims that he no longer has a copy of these records, but has not yet alleged that he has made any effort to obtain copies. Do these documents fall within his "control" so that they must be produced? Thank you.