IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA WATERFORD PARK, LLC and PS ENERGY GROUP, INC., Assignees of J K COMPLEX, LLC, v. Plaintiffs, CHURCH OF SCIENTOLOGY OF GEORGIA, INC., a Georgia Corporation, Civil Action File No. 10CV13242-4 Defendant. RULE 5.2 CERTIFICATE Pursuant to Uniform Superior Court Rule 5.2 (2), Plaintiffs notify the Court that they have served the following party with this Rule 5.2 Certificate and with Plaintiffs' First Interrogatories and First Request For Production Of Documents And Things by depositing in the U.S. Mail a copy of these pleadings in a properly-addressed envelope with adequate postage: Andrea Cantrell Jones Law Offices of Dillard & Galloway, LLC 3500 Lenox Road, Suite 760 Atlanta, GA 30326 This May 13, 2011. Mr ~ Krause Golomb & Witcher, LLC By: Jeff Golomb Attorney for Plaintiffs Georgia Bar No. 300505 T3 1447 Peachtree Street, NE, Suite 414 Atlanta, GA 30309 tel (404) 835-8080
IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA WATERFORD PARK, LLC and PS ENERGY GROUP, INC., Assignees of J K COMPLEX, LLC, v. Plaintiffs, CHURCH OF SCIENTOLOGY OF GEORGIA, INC., a Georgia Corporation, Civil Action File No. 10CV13242-4 Defendant. PLAINTIFFS' FIRST INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS COME NOW Plaintiffs, by and through counsel, for purposes of discovery and for all other purposes authorized by law, and hereby require Defendant captioned above to provide full answers, under oath, to the following discovery questions. Each discovery request herein is addressed to the personal knowledge of the Defendant, as well as to the knowledge and information of each Defendant, Defendant's employees, attorneys, agents, and other representatives; when a question is directed to a Defendant, the question is also directed to each of the aforementioned persons. Likewise, when Plaintiffs are referenced herein, such reference includes Plaintiffs' employees attorneys, agents, and other representatives. The within discovery requests shall be deemed continuing so as to require supplemental answers if the persons to whom these discovery questions are addressed obtain further or different information between the time answers are served and the time
of trial, as required by law. INTERROGATORIES 1. To your knowledge, information, or belief, has any statement or report been obtained from anyone, including any person you have named in answering these Interrogatories, related to any issue in this case? 2. Please state the name, address, and telephone number of each and every expert whom you expect to call as a witness at the trial of this case and with regard to such witness, state the subject matter on which the expert is expected to testify, the facts and opinions to which said expert is expected to testify, and a summary of the grounds for each opinion. 3. Please give the name, address, telephone number, and place of employment of all persons who have knowledge or information relevant to the issues in the present case. Please summarize what knowledge you believe these persons have related to the issues in this case. 4. Please state whether any books, documents, writings, schedules, memoranda, computer file(s), or other records are in existence that evince any fact, situation, or circumstance that are related to the instant action or that tend to prove or disprove any allegation and/or denials of the litigated claims between the parties. If so, please list each and every applicable record, including the present location of such documents. 5. With respect to the instant action, if it is your contention that Plaintiffs breached any term of any agreement with you, material or otherwise, please give a description and the date of the purported agreement; the date, circumstances, and facts of each claim of -2-
breach; describe whether and when any breach was brought to the attention of the Plaintiffs and, if in writing, describe the document with reasonable particularity; and, state your damages as a result of each breach you claim. 6. Describe with reasonable particularity each and every "false statement" or "misrepresentation" you allege was made by the Plaintiffs in regard to the instant case; please include a full description and the date of any such statement or misrepresentation. 7. List all civil lawsuits and administrative proceedings to which the you are or have been a party within ten years immediately preceding the filing of this case. 8. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to contest Plaintiffs' assertion that they have established its prima facie case for a suit for rent. 9. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon in connection with your assertion that neither of the named Plaintiffs have standing to collect rent against you. 10. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon in connection with your affirmative defense of constructive eviction. 11. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon in connection with your claim for failure to repair. 12. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon that support your assertion stated in your Fourteenth Defense, as follows: "At no time has a relationship of landlord and tenant existed between -3 -
Defendant and Plaintiffs." 13. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support Count I of your Counterclaim for constructive eviction. 14. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support Count II of your Counterclaim for breach of contract. 15. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support Count III of your Counterclaim for attorney fees. 16. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support your claim for attorney's fees under OCGA 13-6- 11. 17. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support Count IV of your Counterclaim for declaratory judgment. 18. Other than what is in your Answer or any other pleadings you have filed, please list all facts that you rely upon to support the other defenses you cited in your Answer, namely: failure to state a claim or cause of action, doctrine of waiver, estoppel, unclean hands, laches, engaged in activity that has damaged Plaintiff, any injury or damage was result of Plaintiffs' negligence, accord and satisfaction, and mutual departure. -4 -
DOCUMENTS AND THINGS REQUESTED Please produce the following documents for inspection and copying on behalf of Plaintiffs, this material to be produced at the office of the undersigned as set forth under Georgia law, or, in lieu thereof, Defendant can mail legible copies to the undersigned. 1. Provide all documents that support or relate to any of the facts you identified in response to Interrogatories Nos. 8-18. 2. Any and all documents which relate to, were identified in, or you consulted in answering the within Interrogatories. 3. Any and all documents or other tangible things on which you rely to demonstrate and support facts relevant to this litigation or which provide support or constitute evidence of any facts or circumstances upon which you base your contentions in the instant action. 4. Any and all communications between you and Plaintiffs, including but not limited to emails and correspondence. 5. Any and all documents, conespondence, and memoranda between you and anyone concerning any issue in the present case. 6. Any and all documents concerning any investigation conducted by anyone relevant to any issue in the present case. 7. Any and all written or recorded statements related to any issue in the present litigation. 8. Any and all documents which were purportedly created, signed, or executed by the Plaintiffs and Defendant, or anyone acting on their behalves relevant to issues in the -5 -
present case. 9. Any and all documents which you contend suggest or indicate that a breach of any agreement between Plaintiffs and Defendant occurred. 10. Any and all documents, transcripts, tape or video recordings or any conversation or speech by Plaintiffs, or anyone purporting to speak on Plaintiffs' behalf. 11. Any and all photographs, charts, diagrams, video tapes, and other illustrations of any person, place or thing involved in this lawsuit. 12. Any and all diaries, memoranda, notes, or other documents kept or prepared by you, your agent, employee, or someone acting on your behalf, concerning the instant action. 13. Any and all diaries, memoranda, notes, or other documents kept or prepared by you, your agent, employee, or someone acting on your behalf which reflect an agreement (or breach of such agreement) between Plaintiffs and Defendant. 14. Any and all documents or other tangible things containing any statement^made by your employees or representatives concerning the subject matter of this litigation! 15. Any and all documents which you contend evidence settlement negotiationsdjetwein Krause Golomb & Witcher, LLC By: Jeffrey Golomb Attorney for Plaintiffs Georgia Bar No. 300505 1447 Peachtree Street, NE Suite 414 Atlanta, Georgia 30309 tel (404) 835-8080 -6-
IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA WATERFORD PARK, LLC and PS ENERGY GROUP, INC., Assignees of J K COMPLEX, LLC, v. Plaintiffs, CHURCH OF SCIENTOLOGY OF GEORGIA, INC., a Georgia Corporation, Civil Action File No. 10CV13242-4 Defendant. CERTIFICATE OF SERVICE I certify that I have this day, May 13, 2011, served the opposing party(ies) with a copy of this pleading by hand depositing in the United States Mail a copy of same in a properly-addressed envelope with adequate postage. Andrea Cantrell Jones Law Offices of Dillard & Galloway, LLC 3500 Lenox Road, Suite 760 Atlanta, GA 30326 Krause Golomb & Witcher, LLC -n By: Jeff Golomb Attorney for Plaintiffs Georgia Bar No. 300505 r1-7-