SvsG:Plaintiffs' Responses to Facts

Staddon vs. Griever: Plaintiffs' Responses to Defendants' Request for Admission of Facts

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COME NOW Plaintiffs Nick Staddon and Cox-Staddon Enterprises, Inc. d/b/a Red House Media and d/b/a vbz.net and respond to Defendants’ Request for Admissions as indicated below:

1. "The Plaintiff(s) entered into a standard artists agreement with any or all Defendants in 1997 when T-shirts from Defendant’s suppliers were entered into the store which was, at the time, labeled the BubbaLynne Bazaar - BLB at redhouse.com/store/blb."

   Plaintiffs agreed to enter into a standard artists agreement with Defendant in 1997 or 1998; however, the agreement was only followed for a short time before Defendants breached the same. The BubbaLynne Bazaar was a department of the Red House Store. Plaintiffs deny the remainder of Request to Admit No. 1.

2. "That the standard split which was given to Defendants and any other artist or vendor in the store, was 80% to the Defendants and 20% to Nick Staddon/Red House Media."

   The standard split which was to be given to Defendants and any other artist or vendor in the store purchasing and providing the product was eighty (80%) percent of the retail price with twenty (20%) percent to Nick Staddon/Red House Media, but this agreement was breached by Defendants.

3. "That the original plan was to build a minimum order of gifts or T-Shirts in retail sales to cover the costs of the minimum wholesale orders."

   Denied. Defendants agreed to provide merchandise within a reasonable period of time after an order was received from a customer.

4. "That where sales were initially slow, the Plaintiff(s) offered to buy the shirts for the Defendant(s) up front to avoid getting a bad reputation for slow delivery."

   Denied. Plaintiff Cox-Staddon Enterprises, Inc. d/b/a Red House Media and d/b/a vbz.net (“Red House”) paid for the merchandise because Defendants would not. Plaintiff agreed to loan the money to Defendants for the purchase of the merchandise, but Defendants did not repay the amounts loaned.

5. "That the agreement about the merchandise was that the shirts and other merchandise belonged to the Defendants and that the costs of the merchandise came back to Plaintiff(s) after 20% for card processing and handling in preparation for shipping, leaving the rest as profit for Defendants."

   Denied. Defendants would only own the merchandise if they paid for it and if they prepared all paperwork for inventory tax, paid any taxes that might be due, and delivered copies of such paperwork to Red House.

6. "That since the shirts and other gift merchandise have been paid for through the sales that have been made through the store, the Plaintiff(s) has no cause to claim the merchandise and owes Defendants for profits (less 20% for card processing and handling in preparation for shipping) on all sales over and above the costs of the merchandise according to the agreements that were established in the beginning of the relationship"

   Denied.

7. "That the Plaintiff(s) has withheld all profits from the sales of the merchandise because the Plaintiff(s) had not done a full accounting."

   Denied.

8. "That the Plaintiff(s) continued to withhold the profits from the sales of the merchandise for the above stated reason for in excess of five years."

   Denied.

9. "That while the store was still being built, the Plaintiff(s) and Defendants agreed to switch the entire catalog of BubbaLynne Bazaar (BLB at redhouse.com/store/blb) that had already been uploaded, to the vbz.net domain."

   Admitted.

10. "That because the domain vbz.net was purchased for the use of the Virtual Business Zone (which was to develop web pages for local Athens businesses) and where the Virtual Business Zone was dormant and not accomplishing the goals of its original intent, the Plaintiff(s) agreed that the domain would better serve the interests of both the Plaintiff(s) and Defendants if it were changed to the Virtual BaZaar."

    Admitted.

11. "That the catalog of BubbaLynne Bazaar (BLB at redhouse.com/store/blb) was henceforth transferred to vbz.net and from that time forward became the primary vendor of vbz.net."

    The catalogue BubbaLynne Bazaar (BLB at redhouse.com/store/blb) was the result of a collaborative effort of Plaintiffs and Defendants. Plaintiffs deny the remainder of Request to Admit No. 11.

12. "That the few artists already in the store of Red House Media were transferred to vbz.net (so as not to be thrown away) to go away slowly and that since the time that the catalog of BubbaLynne Bazaar (BLB at redhouse.com/store/blb) was transferred to the domain of vbz.net that it has been the only thriving enterprise of said domain."

    Denied.

13. "That the software that originally operated The Red House Store was not adequate to accommodate the needs and the scope of BubbaLynne Bazaar (which became vbz.net) and that the Plaintiff(s) and Defendant Willard D. Griever worked together to develop the software that is currently operating vbz.net."

    Defendant admits that the identified software was inadequate but denies the remainder of Request to Admit No. 13.

14. "That the Plaintiff(s) and Defendant Willard D. Griever agreed that the development of the software became a project in and of itself and that they would continue to work on the development as 50% -50% partners in the endeavor and that the software would be jointly owned by the Plaintiff(s) and Defendant Willard D. Griever."

    Plaintiffs admit that the development of the software became a project in and of itself but denies the remainder of Request to Admit No. 14.

15. "That Defendants took on many responsibilities for Plaintiff in order to free him up to do the programming portion of the software and to prepare and provide a full accounting."

    Denied.

16. "That the Plaintiff(s) and Defendant Willard D. Griever, as partners in both the store and the software, met with Juliet Easton at her office in downtown Athens to discuss marketing strategy for both ventures."

    Plaintiff admits that he met with Defendant Willard D. Griever at Juliet Easton’s office to discuss a potential partnership and marketing, but denies the remainder of Request to Admit No. 16.

17. "That the Plaintiff has since retained merchandise from the store (paid for by Defendants), the customer base and suppliers, and the profits that were promised to Defendants, and still has not provided a full accounting to Defendants."

    Denied.

18. "That the Plaintiff(s) agreed to rent the Mercedes to Defendant Norma Lynne Griever for the months of November and December of 2001 at the rate of $100 per week."

    Plaintiff denies that the rental agreement applied only to November and December of 2001, but admits that the rental was at the rate of $100.00 per week.

19. "That it was agreed that the oil change that was due and the repairs that needed to be made to the vehicle could be made by Defendant Norma Lynne Griever and that the costs of the oil change and repairs would be applied to the rental."

    Plaintiffs deny that this was their entire agreement, but Plaintiffs and Defendants agree that the cost of the necessary oil changes and repairs would be applied to the rental once receipts were provided to Plaintiffs.

20. "That the Plaintiff(s) and Defendant Norma Lynne Griever agreed to re-negotiate the arrangements just after the 1st of January, 2002 which was the time that Plaintiff had agreed to produce a full accounting of the sales and records from vbz.net."

    Plaintiffs and Defendants discussed the possibility of renegotiation, which never occurred. Plaintiffs deny the remainder of Request to Admit No. 20.

21. "That it was further discussed that since November was “Homeless and Hunger Awareness Month” (which involved a considerable amount of travel to and from Atlanta) and that December was always a busy month, RDA’s travel reimbursements for the Task Force for the Homeless would be enough to cover the $100 per week rental for those two months but that after January 1st, 2002 a different arragement would have to be made."

    Defendant admits that Defendant Norma Lynne Griever told him that the Task Force might cover the rental, but denies that any agreement existed which altered the original agreement. Defendant therefore denies the remainder of Request to Admit No. 21.

22. "That the discussion to re-negotiate took place sometime in the month of January and at that time the Plaintiff was still unprepared to provide a complete accounting."

    Denied.

23. "That the Plaintiff(s) agreed to change the rental agreement to 10 cents per mile instead of $100 per week beginning on February 1st, 2002 because of the reduction in Atlanta trips and, further, that payments would be deducted from the amount owed Defendants for profits in the store when the accounting was complete."

    Discussions were had but no meeting of the minds occurred. Plaintiffs deny the remainder of Request to Admit No. 23.

This _________ day of ______________, 20___.