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http://journals.aol.com/rmckin2146/construction-lawsuit/
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.                                                )

MOTION TO ADD JOHN J. TABOR

COMES NOW Defendant Ron McKinney in the above styled action and pursuant to O.C.G.A 9-11-17, O.C.G.A 9-11-19 and O.C.G.A. 9-11-21 moves this Court to add John Tabor as a party defendant to Defendant's Counterclaim on the basis that he is a real party of interest in this case.

    Mr. Tabor is subject to and has voluntarily subjected himself to the jurisdiction of this court by making appearances on his own behalf and venue is proper. O.C.G.A. 9-11-19(a)

    In his absence complete relief cannot be afforded Defendant for the simple reason that Insulated Wall Systems, Inc., is nothing more than a sham, a shell corporation possessing no employees and probably no assets. O.C.G.A. 9-11-19(a)(1)

    During Insulated Wall Systems, Inc. deposition when asked how many employees Insulated Wall Systems, Inc. (IWS) had, Mr. Tabor, IWS's representative, responded with zero employees. In addition, it is highly doubtful that Insulated Wall Systems, Inc. possesses any real assets as IWS, when ask through interrogatories and requests for production, refused to supply any financial information.

    During the course of the contract negotiations and attempted but failed fulfillment by IWS of their contractual obligations Mr. Tabor acted as salesman, contract negotiator, purchaser, inspector, collections and every other function except lifting a hammer.

    John Tabor misuses and abuses the corporate privilege for his own personal purposes. IWS was not in good standing and not in compliance with the rules governing corporations at the time the IWS complaint was filed. Attached as Exhibit “A” is a true and correct copy of an official Secretary of State document which shows the non-compliant status of Insulated Wall Systems Inc. as of the date Plaintiff’s complaint was filed.

    And finally the Court should take note that Mr. Tabor is the object of each of the counts named in Defendant's Counterclaim, i.e., Defendant  has alleged that it was Mr. Tabor who breached the contract; it was Mr. Tabor who assumed a duty which he failed to perform; it was Mr. Tabor who lied about numerous aspects of the contract; it was Mr. Tabor who brought about a negligent built deck which caused Defendant physical damage in his attempt to secure it; it was Mr. Tabor in concert with others (specifically Gary Michael Hilton, a confessed murderer) who caused Defendant a great deal of emotional distress and it was Mr. Tabor who in concert with his wife have pursued an unfounded and frivolous lawsuit against Defendant. Clearly Mr. Tabor is a “real party” of interest pursuant to O.C.G.A.9-11-17. For the reasons stated herein, this Court should grant Defendant’s motion to add John J. Tabor as a Defendant in Counterclaim in this case.

    WHEREFORE, Defendant moves this Court pursuant to O.C.G.A.9-11-17 O.C.G.A. 9-11-19 and O.C.G.A. 9-11-21 for an Order Adding John Tabor as a party Defendant to Defendant's Counterclaim and for any other such relief the Court deems just and appropriate.

Respectfully submitted,
 _____________________________
Ron McKinney, Defendant
4083 Red Laurel Way
Snellville, GA  30039  
770-972-2576

Copy sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701
  

CERTIFICATE OF SERVICE
UNDER PENALTY OF PERJURY, I CERTIFY that a true and exact copy of the attached Motion to Add John J. Tabor was provided to Plaintiff’s Attorney at the address listed below by depositing the same in the United States Mails, with sufficient postage thereon
this ______ day of March 2008.
 _____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576

Sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701
  
MOTION TO ADD JANA B. TABOR

    COMES NOW Defendant Ron McKinney in the above styled action and pursuant to O.C.G.A.9-11-17, O.C.G.A 9-11-19 and O.C.G.A. 9-11-21 moves this Court to add Jana B. Tabor as a party defendant to Defendant's Counterclaim on the basis that she is a real party of interest.

    Mrs. Tabor has now been withdrawn from this case as legal counsel for Plaintiff. Mrs. Tabor is subject to and has subjected herself to the jurisdiction of this court and venue is proper. (O.C.G.A. 9-11-19(a)

    In Defendant's Counterclaim, Defendant has specifically alleged a conspiracy between the husband and wife team of Mr. and Mrs. Tabor and others in an attempt to defraud Defendant and specific to Mrs. Tabor, Defendant alleges she has been a willing and active participant in utilizing the Court system in an unjust and immoral manner to apply financial and legal pressure in an attempt to defraud Defendant of his rightful property for her husband and her own behalf.

Jana Tabor conspired with her husband John Tabor to continue the pursuit of a lawsuit that was knowingly based on deception and has attempted to mislead this Court.

    Even this Court, in a past hearing, has recognized and acknowledged that Mrs. Tabor has been essentially representing her own financial interest and that her "representation" of IWS, while technically accurate, is secondary to her representation of her own financial interest. Therefore, Mrs. Tabor has so situated herself such that complete relief cannot be afforded Defendant unless Mrs. Tabor is added as a party Defendant to Defendant's Counterclaim. Clearly Mrs. Jana B. Tabor is a “real party” of interest pursuant to O.C.G.A.9-11-17 and O.C.G.A 9-11-19(a)(1). For the reasons stated herein, this Court should grant Defendant’s motion to add Jana B. Tabor as a Defendant in Counterclaim in this case.

    WHEREFORE, Defendant moves this Court pursuant to O.C.G.A.9-11-17, O.C.G.A.9-11-19 and O.C.G.A. 9-11-21 for an Order adding Jana B. Tabor as a party defendant to Defendant's Counterclaim and for any other such relief the Court deems just and appropriate.

Respectfully submitted,
 _____________________________
Ron McKinney, Defendant
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576

Sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701
  
CERTIFICATE OF SERVICE
UNDER PENALTY OF PERJURY, I CERTIFY that a true and exact copy of the attached Motion to Add Jana B. Tabor was provided to Plaintiff’s Attorney at the address listed below by depositing the same in the United States Mails, with sufficient postage thereon
this ______ day of March 2008.
 _____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576

Sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701

  
ORDER ADDING A PARTY
WHEREAS, Defendant Ron McKinney having moved the Court for an Order pursuant to O.C.G.A.9-11-17, O.C.G.A.9-11-19 and O.C.G.A. 9-11-21 to add John J. Tabor, a real party of interest as a Party Defendant to his Counterclaim;

WHEREAS, the Court finds that it has the authority to add and remove parties from this case and that sufficient cause has been shown to exist for the adding of John J. Tabor, a real party of interest in this case;

WHEREAS, the Court finds that John J. Tabor is subject to service and was served a copy of the Counterclaim, and that venue is proper;

WHEREAS, the Court finds that John J. Tabor will not be prejudiced by his addition as a party at this time;

WHEREAS, the Court finds that complete relief can not be afforded the Defendant, Ron McKinney on his Counterclaim with out John J. Tabor being made a party;

IT IS HEREBY ORDERED that John J. Tabor is added as a party Defendant in Counterclaim in this present matter and that John J. Tabor has 30 days to file an answer.

SO ORDERED THIS _____ day of ________ 2008.


_______________________________
Judge Tom Davis
Superior Court of Gwinnett County

  

Proposed Order prepared and respectfully submitted by Ron McKinney on March 25,  2008.

Ron McKinney
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576
  
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701

  
ORDER ADDING A PARTY
WHEREAS, Defendant Ron McKinney having moved the Court for an Order pursuant to O.C.G.A.9-11-17, O.C.G.A.9-11-19 and O.C.G.A. 9-11-21 to add Jana B. Tabor, a real party of interest as a Party Defendant to his Counterclaim;

WHEREAS, the Court finds that it has the authority to add and remove parties from this case and that sufficient cause has been shown to exist for the adding of Jana B. Tabor, a real party of interest in this case;

WHEREAS, the Court finds that Jana B. Tabor is subject to service and was served with a copy of the Counterclaim, and that venue is proper;

WHEREAS, the Court finds that Jana B. Tabor will not be prejudiced by her addition as a party at this time;

WHEREAS, the Court finds that complete relief can not be afforded the Defendant, Ron McKinney on his Counterclaim with out Jana B. Tabor being made a party;

IT IS HEREBY ORDERED that Jana B. Tabor is added as a party Defendant in Counterclaim in this present matter and that Jana B. Tabor has 30 days to file an answer.

SO ORDERED THIS _____ day of ________ 2008.


_______________________________
Judge Tom Davis
Superior Court of Gwinnett County

Proposed Order prepared and respectfully submitted by Ron McKinney on March 25,  2008.

Ron McKinney
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576
  
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701

MOTION TO ADD ROBYN MCKINNEY
    COMES NOW Defendant Ron McKinney in the above styled action and pursuant to O.C.G.A 9-11-19 and O.C.G.A. 9-11-21 moves this Court to add Robyn McKinney as a party plaintiff to Defendant's Counterclaim on the basis that she is a real party of interest.

    Mrs. Robyn McKinney is subject to the jurisdiction of this court and venue is proper. (O.C.G.A. 9-11-19(a)

Robyn McKinney consents to being added and seeks compensation for the wrongs committed by John J. Tabor individually and while acting as Plaintiff.

Robyn McKinney purchased the property in 1983 where the contracted work was to be performed. Robyn McKinney has held an ownership interest in and has resided on the property at all times since 1983.

The contracted work in this case was requested by Robyn McKinney, was negotiated by her and was to be done to her satisfaction before any payment was due.

The work was not performed as contracted and the work has been redone and at great additional expense to not only Ron McKinney, a named party but Robyn McKinney as well. Ron McKinney cannot protect the legal interest of Robyn McKinney in this case.
Robyn McKinney has been subjected to acts of harassment and attempts at witness intimidation performed by John J. Tabor during the handling of this case by his wife Jana B. Tabor, as his former counsel. Robyn McKinney believes her sworn testimony given by deposition as a witness in this case has been tampered with by individuals acting on behalf of Plaintiff and John J. Tabor.

Plaintiff’s former counsel Jana B. Tabor has made suggestions to this court that a charge should be brought against Robyn McKinney as one illegally practicing law when all along Mrs. Tabor has known that Robyn McKinney has simply been acting to protect her own interest in this case until such time as the Court was prepared to recognize it, which can not possibly be an illegal act.

The court will hopefully recall, during the very first hearing conducted in this case that Robyn McKinney appeared and requested the courts recognition of her interest. At that time the court declined to recognize her legal interest at the urging and insistence of Plaintiff's attorney Jana B. Tabor. This occurred even though John J. Tabor, Plaintiff’s representative who was present at that hearing knew at that time or should have known that Mrs. McKinney did in fact hold a legal interest in this case with a right to protect it that Ron McKinney a named party could not protect. Attached as Exhbit “A” is a true and correct copy of the June 19, 2006 Hearing Transcript pages 32-33 showing Mrs. McKinney attempted to bring to the courts attention her interest in this litigation.

By Plaintiff intentionally withholding Mrs. McKinney’s name from being recognized by the Court as a proper party in its original filing, Robyn McKinney has suffered extreme prejudice to her ability to protect her own interest in this on going case now for 2 ½ years. At the insistence of Plaintiff’s Attorney at the time, Jana B. Tabor that Robyn McKinney has no business before the court, and by her purposeful attempts to deceive this court by withholding Mrs. McKinney’s name in Plaintiff’s sworn discovery responses, Mrs. McKinney has been deprived of the powers granted by the legal system to named parties to pursue facts and evidence through discovery.  

Furthermore, John J. Tabor through Plaintiff’s newly appointed legal counsel Mr. Moore has now threatened to bring a Defamation suit against Robyn McKinney as a further attempt to harass and intimidate her on the behalf of Plaintiff IWS and John Tabor personally. This was done after Mrs. McKinney spoke truthful facts to the press interviewing her regarding Gary Michael Hilton, the confessed killer of hiker Meredith Emerson.

   The facts having to do with Gary Hilton aka Mack being present at Mrs. McKinney’s home in 2004 as one of Plaintiff’s workers were written about in the Defendant’s Counterclaim filed in this case in July 2005. John J. Tabor has made a knowingly false accusation of Mrs. McKinney both in a threatening letter and in public on channel 11 TV News. This threat has caused not only emotional distress but has cost Robyn McKinney money damages for the services of an attorney to respond to that threat. The factual issues raised by that threatening letter are so intertwined with the events leading up to this case and the people and evidence involved in this case that it would seem only appropriate for that matter to be heard and settled as a part of this ongoing case.  Attached as Exhbit “B” is a true and correct copy of Mr. Moore’s threatening letter written on behalf of John J. Tabor and Insulated Wall Systems. Attached as Exhibit “C” is a true and correct copy of Mrs. McKinney’s response written on her behalf by her attorney Charles Field and a copy of his bill. O.C.G.A 9-11-19(a)(1)
For the reasons stated herein, this Court should grant Defendant’s motion to add Robyn McKinney as a Plaintiff in Counterclaim in this case.

    WHEREFORE, Defendant moves this Court pursuant to O.C.G.A.9-11-19 and O.C.G.A. 9-11-21 to add Robyn McKinney as a party plaintiff to Defendant's Counterclaim and for any other such relief the Court deems just and appropriate.

Respectfully submitted,
 _____________________________
Ron McKinney, Defendant
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576
Sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701
  
CERTIFICATE OF SERVICE
UNDER PENALTY OF PERJURY, I CERTIFY that a true and exact copy of the attached Motion to Add Robyn McKinney was provided to Plaintiff’s Attorney at the address listed below by depositing the same in the United States Mails, with sufficient postage thereon
this ______ day of March 2008.
 _____________________________
Ron McKinney, Defendant Pro Se
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576
Sent to:
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701
  


ORDER ADDING A PARTY
WHEREAS, Defendant Ron McKinney having moved the Court for an Order pursuant to O.C.G.A.9-11-17, O.C.G.A.9-11-19 and O.C.G.A. 9-11-21 to add Robyn McKinney, a real party of interest, to join as Parties Plaintiff in this Counterclaim;

WHEREAS, the Court finds that it has the authority to add and remove parties from this case and that sufficient cause has been shown to exist for the adding of Robyn McKinney, a real party of interest in this case;

WHEREAS, the Court finds that Robyn McKinney is subject to service and was served a copy of the pleadings in this case, and that venue is proper;

WHEREAS, the Court finds that Robyn McKinney is so situated that she can not legally protect her interest in this matter and will be prejudiced if she is not added as a party at this time;

IT IS HEREBY ORDERED that Robyn McKinney is added as a party Plaintiff in Counterclaim in this present matter and that she has 30 days in which to file any amended or additional Counterclaims and is granted 90 days with which to conduct discovery.

SO ORDERED THIS _____ day of ________ 2008.


_______________________________
Judge Tom Davis
Superior Court of Gwinnett County



Proposed Order prepared and respectfully submitted by Ron McKinney on March 25,  2008.

Ron McKinney
4083 Red Laurel Way
Snellville, GA  30039
770-972-2576
  
Kevin T. Moore, PC
6111 Peachtree Dunwoody Rd. NE
Building C, Suite 201
Atlanta, GA  30328-4522
770-396-3622
770-551-8701

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 RESPONSE TO DEFENDANT'S MOTION TO ADD JOHN J. TABOR
 
COMES NOW, Insulated Wall Systems, Inc., and files this their Response to Defendant's Motion to add John J. Tabor as a party Defendant to Defendant's Counterclaim on the basis that he's the real party in interest.
 
Pursuant to O.C.G.A. 9-11-17, the real party in interest is the person who, by the substantive governing law has the right sought to be enforced". Moon v. Mercury INS. Co. of Georgia, 253 Ga. App. 506, 559 S.E. 2d 532 (2002).  The function of the real party in interest provision pursuant to O.C.G.A. 9-11-17 is to protect against an action subsequently brought by a party actually entitled to recover. Krawagna v. HNC Liquor, Inc. 176 Ga. App. 816, 338 S.E. 2d 284 (1985).  Here, John J. Tabor is not the real party in interest as Insulated wall Systems, Inc. was under contract with Ron McKinney and thus, Insulated Wall Systems, Inc. is the only real party in interest. See Smith v. 6595 Corp., 269 Ga. App. 651, 605 S.E. 2d 58 (2004) (where is appears that the rights have been assigned under contract, assignee is the real party in interest). Here, no rights have been assigned and the real party in interest remains the corporation.
 
Equally true, O.C.G.A. 9-11-19 does not apply to this case.  This code section is for the joinder persons needed for a just adjudication.  Defendant apparently brings this matter under O.C.G.A. 9-11-19(1) which states that "in his absence complete relief cannot be afforded among those who are already parties".  In order to determine whether or not O.C.G.A. 9-11-19(a)(1) applies the Court needs to make a determination whenever joinder is not feasible pursuant to O.C.G.A. 9-11-19(b).  Under any one of the five factors stated in O.C.G.A. 9-11-19(b), none of the factors exist to find joinder of John J. Tabor to the instant action.
 
The factors to be considered by the Court are (1) to what extent a judgment rendered in the persons's absence might be prejudicial to him or to those already parties; (2) to the extent which, by protective provisions in the judgment, by the shaping of relief, or by other measures, the prejudice can be lessened or avoided; (3) whether a judgment rendered in the person's absence would be adequate; (4) whether the Plaintiff will have an adequate remedy if the action is dismissed for non-joinder; and (5) whether and by whom prejudice might have been avoided or may in the future be avoided.  See O.C.G.A. 9-11-19(b).  With respect to all five of the above factors, Defendant herein has no basis in which to bring John J. Tabor in as a party Defendant on his Counterclaim.
 
This is a breach of contract case between Insulated Wall Systems, Inc. and Ron McKinney where the value of the lawsuit absent costs and attorney fees is not in excess of $16,000.  The absence of John J. Tabor would not prejudice the Defendant, nor would his inclusion in the lawsuit shape any relief or that prejudice would result if he is not included in the lawsuit.  In addition, the judgment in Defendant's Counterclaim in breach of contract could be rendered in Mr. Tabor's absence and the Defendant in Counterclaim has an adequate remedy against Insulated wall Systems, Inc.  More importantly to the instant action, the joinder rule herein has no application where there is a right of election as to which Defendant's Plaintiff will proceed against.  Adcock v. First National Bank of Atlanta, 144 GA. App. 394, 241 S.E. 2d 289 (1977)  Most important to this motion is that on March 25, 2008 this court dismissed all Defendant's counterclaims except for said breach of contract action.  See copy of proposed Order attached hereto as Plaintiff's Exhibit "A".  Although Plaintiff has not received a copy of the signed order, Plaintiff's counsel sent a copy of said proposed Order to Ron McKinney on April 1, 2008 and has received no response from Mr. McKinney with respect to any objections to the order.  Mr. McKinney's telephone number does not accept incoming calls and Plaintiff has no way other than the U.S. Mail to correspond with Mr. McKinney.  Therefore, Plaintiff's counsel has submitted the proposed Order to the Court for signature.  Be that as it may, the only claim left to Defendant McKinney is his Counterclaim of breach of contract.  Therefore, the Defendant has not made the proper showing to add John J. Tabor as a party Defendant based upon the breach of contract action.
 
Defendant further brings this action pursuant to O.C.G.A. 9-11-21 entitled, Misjoinder and Nonjoinder of Parties.  The adding or dropping of parties requires the exercise of sound discretion by the trial Court.  See O.C.G.A. 9-11-15(c).  See also Fontaine v. Home Depot. Inc. 250 Ga. App. 123, 550 S.E. 2d 691 (2001).  The factors that the trial Court must consider in allowing an amendment adding a new party for another party is the prejudice to the new party and the reasons and justifications for the failure to include these parties in the original suit.  See O.C.G.A. 9-11-15(a).  See also Smith v. Vencare, Inc., 519 S.E. 2d 735, 238 Ga. App. 621 (1999).  There's no question that John J. Tabor, individually is prejudiced by Defendant at the attempted inclusion in this case at the eleventh hour.  The case was originally filed June 13, 2005 and there have been more than one hundred (104) individual pleadings and discovery has long since ended. The Defendant after approximately three years of litigation over $16,000.00 claim has decided to delay the case further by attempting to add John J. Tabor, individually as a party and cites to no meaningful evidence to suggest John J. Tabor should be sued in his individual capacity. Therefore, Plaintiff's counsel requests that this Court exercise its sound discretion and deny Defendant's Motion to Add John J. Tabor as a party Defendant to this contract action.
 
Respectfully submitted,
Kevin T. Moore, P.C.
 
bla bla  
 
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO ADD JANA B. TABOR
 
COMES NOW, Insulated Wall Systems, Inc., and files this their Response to Defendant's Motion to add Jana B. Tabor, John Tabor's wife, as a party Defendant to Defendant's Counterclaim on the basis that she is a real party in interest showing the Court as follows:
 
Ms. Tabor is legal counsel for Insulated Wall systems, Inc. and was not in privity of contract at any time with Defendant Ron McKinney and is not subject to the jurisdiction and venue of this court in her individual capacity due to her representation of Insulated Wall Systems, Inc.  Jana B. Tabor shows the court that she is not a resident of Gwinnett county and is a resident of Fulton County and therefore, has not subjected herself to the jurisdiction of the Superior Court of Gwinnett County.
 
Defendant in Counterclaim apparently seeks to add Jana B. Tabor based on his counterclaims of conspiracy and an attempt to defraud the Defendant.  On March 25, 2008, this Court specifically denied Defendant's Counterclaims on conspiracy and fraud and therefore, Defendant has no subject matter jurisdiction nor personal jurisdiction over Jana B. Tabor.  See O.C.G.A. 15-1-2 et. seq.  Therefore, Plaintiff requests that Defendant's Motion to Add Jana B. Tabor be denied as a matter of law and Plaintiff requests reasonable attorney fees for the necessity of having to respond to this frivolous motion.
 
Respectfully submitted,
Kevin T. Moore, P.C.
 
bla bla

PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO ADD ROBYN MCKINNEY
 
COMES NOW, Insulated Wall Systems, Inc. and files this its Response to
Defendant's Motion to add Robyn McKinney as a party Plaintiff to Defendant's
Counterclaim on the basis that she is a real party in interest showing the Court as
follows:
 
FACTS
 
Plaintiff incorporates the brief and all citations as produced in Plaintiff's Response to
Defendant's Motion to Add John J. Tabor as a Party to this litigation.  The Defendant
apparently seeks to add his wife, Robyn McKinney as a party Plaintiff to the
Counterclaims which have already been denied by this Court on March 25, 2008.  
Robyn McKinney essentially seeks to be added as a Plaintiff for "wrongs committed
by John J. Tabor, individually and while acting as Plaintiff".  Those causes of action
have been ruled upon by this Court and her motion to be added as a party is thereby
moot.  More important to this case, Defendant has made the statement that Robyn
McKinney "purchased the property in 1983 where the contract work was to be
performed.  Robyn McKinney has held an ownership interest in and has resided on the
 property at all times since 1983."  Defendant intentionally misleads this Court. In the
deposition of Robyn McKinney (attached hereto as Exhibit "A") which was taken on
August 9, 2006, Ms. McKinney specifically denies any ownership interest in the
property.  Robyn McKinney states as follows:
 
        Question:      Okay, you'll have to work that out with the Court Reporter.
             First of all, let me ask you, are you the titled owner of this home at 4083 Red
Laurel Way?
      Answer:    No.
    Question:   Who is?
       Answer:   That's not my personal business.                            
    Question:    So you live in a home that, you're saying under oath you don't know
who owns it?
      Answer:    I didn't say that.
    Question:   All right, who owns it?  
       Answer:   I said that its not my business.

 
Equally true and more disturbing is the fact that it has been clear from the beginning of
 this litigation that the residence upon which the work was completed and forms the
basis of Plaintiff's claim was deeded to the 3-F Foundation of the State of Nevada in
1997 by Robyn Lee Prentice. See State of Georgia Gwinnett County Warranty Deed
dated July 9, 1997 as Plaintiff's Exhibit "B".  Again, Defendant's slight of hand making
the statement that Robyn McKinney has held an ownership interest in and has resided
 on the property at all times since 1983 is yet again another attempt to deceive the
Court.  To that end, Robyn McKinney has suffered no prejudice whatsoever because it
was by her own hand that she deeded any interest she had in the residence made the
basis of Plaintiff's claim to the 3-F Foundation.  Therefore, to argue that she has any
arguable to claim to the property of 4083 Red Laurel Way, Snellville, Georgia, 30039 is
 totally without merit.
 
The remainder of Defendant's Motion to Add Robyn McKinney principally has to do
with facts regarding Gary Michael Hilton.  Because the Court has already ruled on the
issues of intentional infliction of emotional distress as to the issues surrounding Gary
Michael Hilton and the property those claims should be moot as to this litigation.  The
addition of Ms. McKinney would therefore be moot.  Moreover, Defendant forms the
basis of his motion based upon a cease and desist letter sent by Plaintiff's counsel to
Robyn McKinney with respect to her false and misleading statements to local news
media.  Said cease and desist letter cannot form the basis to any recognizable cause
of action.
 
Therefore, based upon the above argument, Plaintiff requests that this Court deny
Defendant's motion.
 
Respectfully submitted,
Kevin T. Moore, P.C.
Georgia Bar No. 520036
Attorney for Plaintiff
 
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