Griever/Plaintiff's First Document Requests to Lynne

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TO: NORMA LYNNE GRIEVER, Defendant, or her attorney of record

Part 1: Introduction

A. General

  1. Interrogatories: You are required, pursuant to O.C.G.A. §9-11-26 AND 9-11-33, and to answer the following interrogatories separately and fully, in writing and under oath within forty-five (45) days of their service on you. You are required by O.C.G.A. §9-11-33 to answer the Interrogatories by furnishing all discoverable information available to you, which includes information you have the power to secure and information which is within the knowledge of you or your attorney.
  2. Production of Documents: You are required, pursuant to OCGA §§ 9-11-26 & 9-11-34, to produce and permit the plaintiff to inspect and copy the discoverable documents listed below not later than the forty-fifth (45th) day following service at the offices of Plaintiff's attorney, Cynthia E. Call, 191 E. Broad Street, Suite 303, Athens, Georgia 30601. If the said 45th day falls on the week-end, you are required to make the referenced production at 9:00 a.m. in the offices of the Plaintiff's attorney on the Monday following the weekend. As an alternative to producing the documents at the offices of the Plaintiff's attorney, you may attach copies of the documents to your Interrogatory answers.
  3. Notice to Produce at Trial: You are hereby notified to produce at the time of any hearing, trial, the taking of any deposition of Defendant, in the above-styled case, the documents listed below, which are in your possession, custody, or control, the same to be used as evidence by Plaintiffs pursuant to O.C.G.A. § 24-10-26.

B. Supplementation of Responses

You are required, pursuant to O.C.G.A. § 9-11-26 to supplement your responses to these Interrogatories in the following situations:

  1. Whenever you learn the identity of a person whose name has not been previously disclosed by you and who has knowledge of information relevant to this suit;
  2. Whenever you learn the name of an expert witness or any witness whose name has not previously been disclosed and who is expected to testify in this suit; in this situation, you must disclose both the expert's name and the subject matter upon which he/she is expected to testify;
  3. Whenever, after filing your responses to these interrogatories, you learn that your response was incorrectly made, or learn that your response though correct when made, is no longer true, and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment.

C. Form of Responses

In order to make your responses clear to the court, please number each response to correspond with the particular Interrogatory or request for admission being answered.

D. Definitions

  1. When asked to "IDENTIFY" some individual, give the following information on each:
    a) Full name;
    b) Present home and business address; and
    c) Occupation and any special area of expertise.
  2. "IDENTIFY", when referring to a business entity, means to state the entity's complete name, the entity's business address and telephone number and to describe the entity's main business activity.
  3. "DOCUMENT", as used herein, a document shall mean any tangible thing upon which information is or has been stored, recorded, or communicated in the custody, control, or possession of Defendant or of which Plaintiff has knowledge, including without limitation, letters, correspondence, invoices, contracts, agreements, purchase orders, memoranda, tapes, stenographic or handwritten notes, microfilm, bulletins, circulars, pamphlets, studies, reports, notices, diaries, summaries, books, messages, instructions, pictures, film, graphs, statistical compilations, magnetic discs, records, and tapes, and other media, computer cards, tapes, printouts, reports, and other machine-readable records and data, sound recordings, and every draft or copy of a document which is not identical to the original or which draft or copy contains any commentary or notation whatsoever that does not appear on the original.

Part 2: Interrogatories

I. Plaintiff's First Interrogatories to Defendant Norma Lynne Griever

  1. List each item of merchandise which belongs to Plaintiff Red House Media, which is currently in your possession or control. If these items are no longer in your possession, state whether or not they have been sold.
  2. If the items described in Interrogatory No. 1 have been sold, provide the name, address and telephone number of the persons or entities to which they were sold, and the price and date of each sale.
  3. Identify all persons with personal knowledge of business relationships between you and Plaintiffs.
  4. Please state the full name, address and telephone number of every person whom you believe to have any relevant knowledge whatsoever concerning the facts and issues in the above-styled case.
  5. Please list and describe in detail each and every document, photograph, memorandum, paper, tape recording or other items of physical or material evidence which you may use or have available for public use at the trial of the above-styled case.
  6. If tape-recorded statements or any form of written memoranda of the contents of the aforestated persons' interviews were obtained, please describe in detail the nature of said statements, recordings or memoranda, and give the full names, addresses and telephone numbers of any person or persons who have custody, possession, or control of said statements, recordings or memoranda.
  7. Identify each person whom you expect to call as an expert witness at trial and state:
    • (a) The subject matter on which said expert is expected to testify;
    • (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion;
    • (c) The address, telephone number, education and training of said expert.
  8. If there exists any insurance agreement of any type whatsoever under which any person carrying on an insurance business may be liable to satisfy part or all of a judgement which may be entered in this action or to indemnify or reimburse you for payments made to satisfy the judgment, state as to all such agreements:
    • (a) The name of the insurer;
    • (b) The name of the insured;
    • (c) The type of insurance;
    • (d) The date such agreement was made;
    • (e) The policy or other identifying number;
    • (f) The amount of the insurer's potential coverage under the agreement; and
    • (g) Any conditions on such agreement which you believe may negate or limit the insurer's liability in this case.
  9. State all facts concerning any instance where you have ever been arrested or convicted or any crime.
  10. State all facts concerning any legal proceedings (including claims for workers' compensation) in which you or any member of your immediate family have ever been a party and identify the courts and parties involved.

Part 3: Request and Notice

II. & III. Plaintiffs' First Request for the Production of Documents and Notice to Produce at Trial to Defendant Norma Lynne Griever

The documents requested to be produced are the following:

  1. All invoices, computer-generated documents, which are related to the business of The Redistribution Alternative, Inc.
  2. All income tax returns for the individual and business for the period of time The Redistribution Alternative, Inc. was operated.
  3. All case receipt books or cash receipt documents related to the business.
  4. All documents related to monthly gross sales of the business from the date the business began until the present date.
  5. All documents which show accounting of the sale of merchandise purchased and/or sold on behalf of Red House Media.
  6. All letters, writings, correspondence, documents (as defined herein) reflecting communications between you and Plaintiffs.
  7. All financial statements and accounting records of each Defendant including, without limitation, balance sheets, income and expense statements, statements of net worth from June 20, 1997 to date.
  8. All documents that evidence, refer or relate to the Defendant's contractual relationship with Plaintiffs.
  9. All documents that evidence, refer or relate to the payment of any funds by Defendant to Plaintiff.
  10. All documents identified by Defendant in response to Plaintiffs' First Interrogatories.
  11. All documents consulted, referred to, or otherwise utilized in any way in connection with the preparation of Defendant's responses to Plaintiffs' First Interrogatories.
  12. All correspondence and other documents which evidence, reflect, or relate to any communication between Plaintiffs and Defendant.
  13. All documents which Defendant contends contain relevant information in support of any defense asserted by Defendant in this lawsuit.

This 25 day of January, 2005