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To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,      )
       Plaintiff,                                        )      Civil Action File No.:  
v.                                                          )           05A06942-9
RON MCKINNEY,                                   )        
      Defendant.                                     )


PLAINTIFF'S RESPONSES TO DEFENDANT'S REQUEST FOR DOCUMENT PRODUCTION

Document Request No. 1 Please produce any and all business records and documents related to Plaintiff’s installation of home improvements on Defendant’s residence. Plaintiff’s response to Document Request No. 1: “In responding to Defendant’s Document Request no. 1, Plaintiff has produced herewith any and all documents in its possession or control that correspond to this request, with the exception of reproduction of documents already in Defendant’s possession.”

Document Request No. 2 Please produce any and all correspondence, contracts, agreements or proposals relating or referring to Plaintiff’s installation of home improvements on Defendant’s residence.

Plaintiff’s response to Document Request No. 2: “In responding to Defendant’s Document Request no. 2, Plaintiff has produced herewith any and all documents in its possession or control that correspond to this request.”

Document Request No. 3 Please produce all photographs of Defendant’s residence, including but not limited to those showing the residence before, during or after work on the siding, gutters, windows, slab or decks Plaintiff attempted to installed on Defendant’s residence.

Plaintiff’s response to Document Request No. 3: “In responding to Defendant’s Document Request no. 3, Plaintiff states that there are no photographs or documents in Plaintiff’s possession or control (other than images of digital photographs taken by the Defendant or on the Defendant’s behalf) which satisfy this request. Because Defendant is already in possession of said digital images, Plaintiff will not reproduce the same.”

Plaintiff’s Amended response to Document Request No. 3, dated September 11, 2006: “Plaintiff withdraws its original response and replaces it as follows: In responding to Defendant’s Document Request no. 3, Plaintiff objects to the extent that certain photographs and a video tape in the Plaintiff’s possession or control constitute and are protected by the work product doctrine as they were produced at the direction of undersigned counsel and during the course of litigation. The remainder of images in Plaintiff’s possession are images of photographs produced by the Defendant and as Defendant is already in possession of such images, Plaintiff will not reproduce them.”

Document Request No. 4 Please produce the sales contracts and invoices for all home improvement installations on homes where Plaintiff installed siding, gutters windows, decks, slabs and other home improvements similar to or identical to that installed on Defendant’s home at any time from 24 months before to 24 months after Plaintiff began the home improvement work on Defendant’s residence.

Plaintiff’s response to Document Request No. 4: “In responding to Defendant’s Document Request no. 4, Plaintiff Insulated Wall Systems, Inc. objects to Document Request no. 4 on the grounds that the same seeks information that is beyond the scope of admissible discovery. Moreover, said request is overly broad and the requested information is wholly unrelated to the issues presented in this case. Furthermore, the request is not reasonably calculated to lead to the discovery of admissible evidence.”

Document Request No. 5 Please produce all correspondences, photographs, notes,
phone records, calendar records, payroll records and other tangible things relating to or referring to Defendant’s complaints about the quality or workmanship of Plaintiff’s installation of home improvements on Defendant’s residence and which support any claims of repeated attempts to satisfy Defendant.

Plaintiff’s response to Document Request No. 5: “In responding to Defendant’s Document Request no. 5, Plaintiff will produce all documents in its possession or control which satisfy this request.”

Plaintiff’s Amended response to Document Request No. 5, dated September 11, 2006: “Plaintiff withdraws its original response and replaces it as follows: In responding to Defendant’s Document Request no. 5, Plaintiff objects to the extent that certain photographs and a video tape in the Plaintiff’s possession or control constitute and are protected by the work product doctrine as they were produced at the direction of undersigned counsel and during the course of litigation. Plaintiff has produced all other documents in its possession or control which satisfy this request.”

Document Request No. 6 Please produce all records, documents or correspondence indicating Plaintiff properly and correctly installed the siding, gutters, windows, decks, slab, and other home improvements on Defendant’ residence with no defects in materials, workmanship or craftsmanship. Include any and all correspondence between you and/or your attorney and any party, witness or governmental body or official concerning the events that led to the Complaint and Counterclaim.

Plaintiff’s response to Document Request No. 6: “In responding to Defendant’s Document Request no. 6, Plaintiff objects to the extent that the requested documents are protected by the attorney-client privilege and/or the work-product doctrine. Subject to and without waiving these objections, Plaintiff has produced herewith any and all documents in its possession or its control not privileged and other than those previously produced to the Plaintiff by the Defendant, which satisfy this request.”

Document Request No. 7 For each expert witness identified in Interrogatory No. 7,
please produce all correspondence, documents, reports and records that Plaintiff both (a) provided to the expert witness and (b) received from the expert witness.

Plaintiff’s response to Document Request No. 7: “In responding to Defendant’s Document Request no. 7, Plaintiff states that no expert witnesses have been identified at this time. Therefore, there are no documents, which satisfy this request.  Should Plaintiff employ an expert witness, Plaintiff objects to request no. 7 insofar as it requests documents which are beyond the scope of admissible discovery, and seeks information which is protected by the privilege afforded information obtained in anticipation of litigation or trial and/or protected by the privilege afforded to work-product. In addition, Defendant has made no showing of substantial circumstances as required by O.C.G.A. 9-11-26(b)(4)(B).”

Plaintiff’s Supplemented response to Document Request No. 7, dated August 27, 2006: “Subject to and without waiving any previously made objections, Plaintiff hereby attaches a true and correct copy of the inspection report of Scott Berlyoung.”

Plaintiff’s Amended response to Document Request No. 7, dated September 11, 2006: “Plaintiff amends its original response by withdraw in the first two sentences and replaces them with the following: Plaintiff has identified Scott Berlyoung and Mike Entinger as its experts. Plaintiff has produced to Defendant Mr. Berlyoung’s report. Mr. Entinger has not issued a written report. Sentence three is amended as the beginning of the sentence should state: Plaintiff has employed expert witnesses. The remainder of the response stands as originally written.”

Document Request No. 8 For each license identified in Interrogatory No. 8, please produce all documents and other tangible things that support your responses.

Plaintiff’s response to Document Request No. 8: “In responding to Defendant’s Document Request no. 8, Plaintiff will produce all documents in its
possession or control that satisfy this request.”

Document Request No. 9 For each insurance policy identified in Interrogatory No. 9, please produce all documents and other tangible things that support your responses.

Plaintiff’s response to Document Request No. 9: “In responding to Defendant’s
Document Request no. 9, Plaintiff states that there are no documents that satisfy this request within the Plaintiff’s possession or control.”

Document Request No. 10 Please produce the original sales invoices to Plaintiff for all materials used in the siding, gutters, windows, decks, slab and other home improvement installation on Defendant’s residence.

Plaintiff’s response to Document Request No. 10: “In responding to Defendant’s Document Request no. 10, Plaintiff will produce copies of invoices reflecting the amount of materials used in the installation of various materials on Defendant’s home. Plaintiff objects to the production of any information contained on such invoices reflecting cost of said materials insofar as the information is not reasonably calculated to lead to the discovery of admissible evidence nor is it related in any manner to the issues presented in this case.”

Document Request No. 11 Please produce official documents or certified records of all legal actions, liens, lawsuits, and judgments, filed either against Insulated Wall Systems or by Insulated Wall Systems, where the homeowner or purchaser was dissatisfied with the work, refusing to pay, or withholding a portion of payment on their contract.

Plaintiff’s response to Document Request No. 11: “In responding to Defendant’s Document Request no. 11, Plaintiff objects to this request insofar as it seeks information beyond the scope of admissible discovery, is overly broad, unduly burdensome and interposed for the purpose of harassment. Subject to and without waiving the foregoing, the Plaintiff states that no legal actions, liens, lawsuits or judgments have ever been filed against the Plaintiff in any forum at any time.”

Document Request No. 12 Please produce all correspondence, photographs, or documents regarding or referencing any home improvement installation by Plaintiff where the homeowner or resident was dissatisfied with either the materials, workmanship or craftsmanship of Plaintiff’s work or where the homeowner requested Plaintiff to return to the home to correct or re-install home improvements originally installed by Plaintiff.

Plaintiff’s response to Document Request No. 12: “In responding to Defendant’s Document Request no. 12, Plaintiff objects insofar as it seeks information beyond the scope of admissible discovery, is overly broad, unduly burdensome and interposed for the purpose of harassment.”

Document Request No. 13 For each request for admission denied in Defendant’s Continuing Requests for Admissions and so identified under Defendant’s Continuing Interrogatory No. 13, please produce all documents and other tangible things that support your responses.

Plaintiff’s response to Document Request No. 13: “In responding to Defendant’s Document Request no. 13, Plaintiff has produced herewith any document or correspondence in its possession or control, not otherwise privileged, which satisfies this request.”

SECOND PRODUCTION OF DOCUMENT REQUEST

Document Request No. 14 Please supplement prior responses and produce original unmarked, unaltered, duplicate copies of any and all business records, contracts, invoices, bills, receipts, memo’s, correspondence, reports, statements, documents or tangible things of any kind relating to or proving performance under a contract with the Defendant to include but not limited to those previously produced documents.

Plaintiff’s response to Document Request No. 14: “In responding to Request No. 14, Plaintiff states that it has provided Defendant with any and all documents it has in its possession or control that respond to any valid request previously made. Therefore, at this time, there is no need to supplement those responses.”

Document Request No. 15 Please produce any and all duplicate copies of anything that acts as proof of, allows or authorizes Plaintiff to provide, accomplish, or offer to provide now or at any time in the past the service of 100% financing services for its contracted home improvement sales in the state of Georgia as advertised on the post card sent to Defendant.

Plaintiff’s response to Document Request No. 15: “In responding to Request No. 15, Plaintiff object to it in its entirety to the extent that the document requested therein is irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and this request is interposed for nothing but harassment.”

Document Request No. 16 Please produce the privilege log that identifies by title, date, topic or subject sufficient to assess the privilege status for any and all documents objected to or withheld from discovery under a claim of privilege in this action.

Plaintiff’s response to Document Request No. 16: “In responding to Request No. 16, Plaintiff submits that no privilege log is necessary to the extent that at this time, the Plaintiff has not withheld any documents relevant to this case on the basis of any privilege.”

THIRD PRODUCTION OF DOCUMENT REQUEST

Document Request No. 17 Please produce unmarked copies of all documents, which you intend to introduce as exhibits at the trial of this matter or at any hearing.

Plaintiff’s response to Document Request No. 17: “In responding to document request no. 17, at this time, Plaintiff cannot properly respond to this request insofar as counsel for Plaintiff has not decided what, if any, documents will be used as exhibits at trial of this matter or at any hearing.  Plaintiff further objects to this request insofar as the request goes beyond the scope of the Civil Practice Act, is untimely, and such request should be made at the time of the pre-trial order.”

Document Request No. 18 Please produce all minutes of the meetings of your Board of Directors held during the periods of January 1, 1995 to January 1, 1997 and January 1, 2003 to January 1, 2006.

Plaintiff’s response to Document Request No. 18: “In responding to document request no. 18, Plaintiff objects to it in its entirety to the extent that the request is not reasonably calculated to lead to the discovery of admissible evidence and is imposed for nothing but harassment.”

Document Request No. 19 Please produce your Articles of Incorporation and Bylaws, and all amendments thereto.

Plaintiff’s response to Document Request No. 19: “In responding to document request no. 19, Plaintiff objects to it in its entirety to the extent that the request is not reasonably calculated to lead to the discovery of admissible evidence and is imposed for nothing but harassment.”

Document Request No. 20 Please produce your current Corporate Financial Statement.

Plaintiff’s response to Document Request No. 20: “In responding to document request no. 20, Plaintiff objects to it in its entirety to the extent that the request is not reasonably calculated to lead to the discovery of admissible evidence and is imposed for nothing but harassment.”

Document Request No. 21 Please produce a current resume for John J. Tabor.

Plaintiff’s response to Document Request No. 21: “There are no documents that satisfy this request.”

Document Request No. 22 Please produce a current resume for Jana B. Tabor.

Plaintiff’s response to Document Request No. 22: “In responding to document request no. 22, Plaintiff objects to it in its entirety to the extent that the request is not reasonably calculated to lead to the discovery of admissible evidence and is imposed for nothing but harassment.”

A Notice of Filing Discovery dated June 1, 2006 was used to file copies of Plaintiff’s responses above but did not include the actual documents indexed below.

Index of Documents Produced by Plaintiff on September 30, 2005, with Supplement on October 27, 2005 and August, 2006, in response to Defendant's Document Request dated August 30, 2005.  

John Tabor's Letter 1/4/05    page count - 3
Ron McKinney's Letter 12/20/04    page count - 3
Ron McKinney's Letter 1/3/05    page count - 1
Ron McKinney's Letter 1/14/05    page count - 6
Contract 8/23/04        page count - 3
Occupational Certification  4/27/04 (supplement 4/12/2005) page count -  1+
Business Management Account 11/12/04    page count -  2
Ted Lansing Corp. Window Invoice  9/28/04    9/20/04    page count -  2
Ted Lansing Corp. Window Invoice  10/20/04    10/11/04    page count - 1    
Ted Lansing Corp. Caulk Invoice  10/25/04    10/14/04    page count -  1
Ted Lansing Corp. Siding Invoice  10/15/04    10/14/04    page count -  2
C&M Gutter Works 11/2/04    page count -  1 Lowes Receipt 10/26/04    page count -  1/2 Lowes Receipt 10/27/04    page count - 1/2 Ted Lansing Handwritten Data sheet  - siding materials  ?  page count -1 Atrium Sales Order Acknowledgement  9/20/04    page count-  2 Sailors Handwritten Window sizes  9/17/04    page count-  1 Insulated Wall Systems Window Order Form  No Date   page count -  1 Insulated Wall Systems Window Order Form  9/20/04  page count -  1 J. Sailors Contracting 12/19/04   12/1/04    page count -  1 Email - Mike Entinger 9/12/05    page count -  4 Email - Mike Entinger  9/13/05   page count -  2 Email - Mike Entinger 9/15/05    page count -  2 23 Documents (copies only) Received  9/30/05      Total page count - 42+1+9? Champia Home Inspection Report   8/5/06   page count – 9 (missing are pages 5-6-7)


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