Affidavit Of C. Cooke Esq Ocr¶

FILED 9/12/2023 2:53 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA JONATHAN SWEATMAN,

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Petitioner,

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V.

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SARAH ZEEMAN,

Respondent / Counterclaim

Petitioner.

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CIVIL ACTION

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FILE NO. 21CV9795

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v.

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JONATHAN SWEATMAN, Counterclaim Respondent.

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§ AFFIDAVIT OF CHELSEA COOKE, ESQ.

COMES NOW Chelsea Cooke, Esq., Georgia Bar Number 209502, counsel of record for JONATHAN SWEATMAN, Plaintiff/Counterclaim Defendant in the above-styled civil action, and who, after being duly sworm, deposes and states under oath as follows: 1.

I give this Affidavit based upon my personal knowledge for use in the above-styled case

and any other purposes provided by law. I am a member of the Georgia Bar duly licensed to

practice law in the State of Georgia. I am counsel of record for Jonathan Sweatman, Plaintiff/Counterclaim Defendant in the above-styled civil action in the above-styled case.

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2.

On June 22, 2023, | attended a site inspection in which Sarah Zeeman’s expert, Lee

Webb, was present and conducted an inspection of both Sarah Zeeman and Jonathan Sweatman’s home.

3.

On July 10, 2023, this Court issued an Order which extended discovery through September 12, 2023. 4.

On July 20, 2022, my office reached out to Zeeman’s counsel and asked for potential

dates to depose Sarah Zeeman’s expert, Lee Webb. Sarah Zeeman’s counsel did not provide dates. (July 20, 2023 emails from Timothy Mitchell to Ledermeier and Banks, attached hereto as

Exhibit A). 5.

On July 24, 2022, my office followed up on our previous request for deposition dates with Zeeman’s counsel. No response was provided. (July 24, 2023 emails from Mitchell,

Ledermeier, and Banks, attached hereto as Exhibit B). 6.

On July 25, 2023, my office again followed up with Zeeman’s counsel for deposition

dates. Zeeman’s counsel advised that Webb would be available on August 31, 2023 to be deposed. (July 25, 2023 emails between Mitchell and Ledermeier attached hereto as Exhibit C). Ie

My office noticed Webb’s deposition for August 31, 2023. (8/31/23 Notice of Deposition, attached hereto as Exhibit D).

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8. On August 30, 2023, the day before Webb deposition was to take place, Zeeman’s

counsel informed Sweatman’s counsel that Webb would be unable to attend his deposition. 9. Webb did not appear for his August 31, 2023 deposition. (Notice of nonappearance, attached here to as Exhibit E). 10.

On August 31, 2023, Zeeman’s counsel provided additional dates to depose Webb, all of which were outside of the discovery deadline. (August 31, 2023 emails between Mitchell and

Banks attached hereto as Exhibit F). 11.

In order to fully comply with this Court’s mandated discovery deadline, my office unilaterally noticed Webb’s deposition for September 11, 2023. (Attached here to as Exhibit G).

Upon noticing the deposition, Zeeman’s counsel indicated Lee would not appear. 12. Lee Webb failed to appear for his September 11, 2023 deposition. 13.

On September 11, 2023, Zeeman’s counsel again only provided dates to depose Webb

that were outside of the September 12, 2023discovery deadline. (September 11, 2023 emails between Mitchell and Banks attached hereto as Exhibit H). 14.

My hourly rate for this case is $170.00. Thus far, Sweatman has incurred $2,439.00 in litigation expenses stemming from but not limited to my Sweatman’s fee’s noticing of Webb’s

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deposition twice along with my preparation of this Motion to Compel and the accompanying documents.

FURTHER AFFIANT SAYETH NOT.

This the 12athay of September 2023.

Unulocn, Goako

CHELSEA T. COOKE, ESQ

Sworn to and subscribed before me this

lathday of __ Seepterile er, 2023.

Noiary Public Myly Com: iy : eA.

ires il

{SECURE Firm/271/02766/MOTIONS/04230579.DOCX }

From:

Timothy L. Mitchell

To:

Brett Ledermeier; Sarah Riedel; jeffsbanks@hotmail.com

Ce:

noah.caldwell@swiftcurrie.com; david.atkinson@swiftcurrie.com; lisa@roselitigation.lawyer; Tania Tuttle; Sally L. Monico; Chelsea Cooke

Subject:

RE: Jonathan Sweatman v. Sarah Zeeman v. Jonathan Sweatman -- plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure

Date:

Thursday, July 20, 2023 5:05:06 PM

All:

Following up the below email. We still have not received a response to our client’s offer from Ms.

Zeeman. Please provide dates that Ms. Zeeman’s expert would be available for deposition by the end of the week. Thank you. Timothy L. Mitchell C: (810) 348-1942

From: Brett Ledermeier bledermeier@mmatllaw.com Sent: Tuesday, July 11, 2023 5:42 PM

To: Timothy L. Mitchell tmitchell@cmlawfirm.com; Sarah Riedel banksnriedel@gmail.com; Amy Vennes avennes@cmlawfirm.com; lisa@roselitigation.lawyer

Cc: jeffsbanks@hotmail.com; noah.caldwell@swiftcurrie.com; david.atkinson@swiftcurrie.com; Tania Tuttle ttuttle@mmatllaw.com; Sally L. Monico SCook@mmatllaw.com; Chelsea Cooke ccooke@cmlawfirm.com

Subject: RE: Jonathan Sweatman v. Sarah Zeeman v. Jonathan Sweatman -- plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure All,

| know we were all disconnected, but | need to run to daycare. We should all try and schedule a conference call to discuss this matter after we digest the depositions. As for transcripts, etc. please coordinate with Jeff and the court reporter. Brett Michael-Schiff Ledermeier 11625 Rainwater Drive | Ste 125

|

Alpharetta, Ga 30009

Direct: 404.365.4564 Main: 770.200.7000 bledermeier@mmatllaw.com

McLain |MERRITT CONFIDENTIALITY NOTICE

No attorney-client relationship exists by virtue of this communication in absence of an engagement letter or fee contract. In addition, unless you are in the To: or CC: line of this email, you are not an intended recipient.

The information accompanying this email transmission may contain confidential or legally privileged information meant for ONLY the intended recipient. If you are not the intended recipient, you are hereby notified that any

disclosure, copying, distribution or reliance upon the contents of this email is strictly prohibited. If you receive this email in error, please delete this email and notify the sender immediately.

EXHIBIT A

From: Brett Ledermeier

Sent: Tuesday, July 11, 2023 5:35 PM

To: Timothy L. Mitchell tmitchell@cmlawfirm.com; Sarah Riedel banksnriedel@gmail.com; Amy Vennes avennes@cmlawfirm.com; lisa@roselitigation. lawyer

Cc: jeffsbanks@hotmail.com; noah.caldwell@swiftcurrie.com; david.atkinson@swiftcurrie.com;

ecoleman@wczlaw.com; Tania Tuttle ttuttle@mmatllaw.com; Sally L. Monico SCook@mmatilaw.com; Chelsea Cooke ccooke@cmlawfirm.com

Subject: RE: Jonathan Sweatman v. Sarah Zeeman v. Jonathan Sweatman -- plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure It ended, but Noah and | are back on. Brett Michael-Schiff Ledermeier 11625 Rainwater Drive | Ste 125

|

Alpharetta, Ga 30009

Direct: 404.365.4564 Main: 770.200.7000 bledermeier@mmatllaw.com

McLalIn | MERRITT CONFIDENTIALITY NOTICE

No attorney-client relationship exists by virtue of this communication in absence of an engagement letter or fee contract. In addition, unless you are in the To: or CC: line of this email, you are not an intended recipient. The information accompanying this email transmission may contain confidential or legally privileged information meant for ONLY the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or reliance upon the contents of this email is strictly prohibited. If you receive this email in error, please delete this email and notify the sender immediately.

From: Timothy L. Mitchell tmitchell@cmlawfirm.com Sent: Tuesday, July 11, 2023 10:28 AM

To: Sarah Riedel banksnriedel@gmail.com; Amy Vennes avennes@cmlawfirm.com; lisa@roselitigation lawyer

Cc: jeffsbanks@hotmail.com; noah.caldwell@swiftcurrie.com; david. atkinson@swiftcurrie.com; ecoleman@wcezlaw.com; Tania Tuttle ttuttle@mmatllaw.com; Brett Ledermeier bledermeier@mmatllaw.com; Sally L. Monico SCook@mmatllaw.com; Chelsea Cooke ccooke@cmlawfirm.com

Subject: RE: Jonathan Sweatman v. Sarah Zeeman v. Jonathan Sweatman -- plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure [D: Jonathan Sweatman (PIf/CC Def) v. Sarah Zeeman (Def/CC Plf)] Court Reporter: AdvancedOne/Lexitas / Job #447525 ZOOM25: https://advancedone.zoom.us/j/88212554625? wd=MnhKMmluOGh4c1Y2YkKRMR Meeting ID: 882 1255 4625

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Passcode: 780020

Timothy L. Mitchell C: (810) 348-1942

From: Sarah Riedel banksnriedel@gmail.com Sent: Tuesday, July 11, 2023 10:27 AM To: Amy Vennes avennes@cmlawfirm.com; Timothy L. Mitchell tmitchell@cmlawfirm.com; lisa@roselitigation lawyer

Cc: jeffsbanks@hotmail.com; noah.caldwell@swiftcurrie.com; david.atkinson@swiftcurrie.com; ecoleman@wczlaw.com; ttuttle@mmatllaw.com; bledermeier@mmatllaw.com; scook@mmatilaw.com; Chelsea Cooke ccooke@cmlawfirm.com

Subject: Re: Jonathan Sweatman v. Sarah Zeeman v. Jonathan Sweatman -- plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure Mr. Mitchell and Ms. Rose, please advise if you are having trouble logging into the Zoom meeting for the depositions today.

Banks & Riedel, P.C. 5607 Anson Ave

970 Walnut Street

Eastman, GA 31023

Macon, GA 31201

478-254-3230

478-374-1880

478-374-1839 (facsimile)

478-254-3883 (fax)

On Wed, Jul 5, 2023 at 11:54 AM Amy Vennes avennes@cmlawfirm.com wrote: Enclosed is plaintiff/counterclaim defendant Jonathan Sweatman’s expert disclosure recently filed in the above-referenced case.

Please let me know if you have trouble opening the attachment.

Should you have any questions regarding this case, please contact Chelsea Cooke and/or Tim Mitchell at ccooke@cmlawfirm.com / tmitchell@cmlawfirm.com.

Thank you. Amy E. Vennes