Sweatmans 2Nd Notice Of Filing Orig Discovery Ocr¶

FILED 1/16/2024 1:52 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

JONATHAN SWEATMAN, Petitioner, v.

SARAH ZEEMAN,

Respondent / Counterclaim Petitioner. V.

JONATHAN SWEATMAN, Counterclaim Respondent.

SLIFP7o?)2

CIVIL ACTION FILE NO. 21CV9795

PETITIONER/COUNTERCLAIM RESPONDENT JONATHAN SWEATMAN’S

SECOND NOTICE OF FILING ORIGINAL DISCOVERY

COMES NOW Jonathan Sweatman, Petitioner/Counterclaim Respondent in the abovestyled action, and hereby files the following original documents: 1.

Transcript of Sarah Zeeman’s expert Lee Webb’s Deposition.

Respectfully submitted, this 16th day of January 2024. CRUSER, MITCHELL, NOVITZ,

SANCHEZ, GASTON & ZIMET, LLP

TIMOTHY L. MITCHELL

Georgia Bar No. 460744 CHELSEA T. COOKE Georgia Bar No. 209502 Meridian IT, Suite 2000

Attorneys for

275 Scientific Drive

Jonathan Sweatman

Counterclaim Defendant

Peachtree Corners, GA 30092 (404) 881-2622 tmitchell(@cmlawfirm.com

ccooke@cmlawfirm.com

DI

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

JONATHAN SWEATMAN,

§

§

Petitioner,

§

§

V.

§

§

SARAH ZEEMAN,

§ §

CIVIL ACTION

Respondent / Counterclaim

§

FILE NO. 21CV9795

Petitioner.

§

§

V.

§

§

JONATHAN SWEATMAN,

§

§

Counterclaim Respondent.

§

§ CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this day, I electronically filed PETITIONER/COUNTERCLAIM RESPONDENT JONATHAN SWEATMAN’S

SECOND NOTICE OF FILING ORIGINAL DISCOVERY with the Clerk of Court using the

CM/ECE system, which will automatically send e-mail notification of such filing to the following attorneys of record: JeffBanks, Esq.

Lisa K. Rose, Esq,

Rose Litigation, LLC

Banks & Riedel, PC

4880 Lower Roswell Road, Suite 165-522

970 Walnut Street

Marietta, GA 30068

Macon, GA 31201

Lisa@roselitigation. lawyer

jeffsbanks@hotmail.com banksnriedel@hotmail.com

Brett Ledermeier, Esq. 11625 Rainwater Drive, Suite

Connely Doize, Esq. 125

David M. Atkinson, Esq.

Alpharetta, GA 30009

Swift, Currie, McGhee & Hiers, LLP

bledermeier@mmatllaw.com

1355 Peachtree Street, NE, Suite 300 Atlanta, GA 30309

connely.doize@swiftcurrie.com david.atkinson@swiftcurrie.com

{SECURE Firm/271/02766/MOTIONS/04444581.DOCX }

Respectfully submitted, this 16th day of January 2024. CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP

TIMOTHY L. MITCHELL

Georgia Bar No. 460744 CHELSEA T. COOKE Georgia Bar No. 209502 Meridian II, Suite 2000

Attorneys for Counterclaim Defendant

275 Scientific Drive

Jonathan Sweatman

Peachtree Corners, GA 30092 (404) 881-2622 tmitchell@cmlawfirm.com

ccooke@cmlawfirm.com

{SECURE Firm/271/02766/MOTIONS/04444581.DOCX }

IN

THE

SUPERIOR

COURT

STATE *

JONATHAN

*

OF

*

OF

DEKALB

GEORGIA

*

*

*

*

SWEATMAN,

Petitioner

*

CIVIL FILE

v SARAH

COUNTY

ACTION NO.

21CV9795

CERTIFIED

‘

TRANSCRIPT

ZEEMAN,

Respondent/Counterclaim* V.

JONATHAN

SWEATMAN,

*

Counterclaim *

*

Respondent

*

*

DEPOSITION LEE

OF

WEBB,

OCTOBER 10:05

Atlanta,

Reported

By:

*

*

EXPERT PE,

12,

*

WITNESS

CEM

2023

A.M.

Georgia

Stephanie

C.

Bridges

(GO) AdvancedONeE is now ple X | TA Ss LEGAL

SWEATMAN

LEE

v

WEBB,

SARAH

PE,

Pages

ZEEMAN

CFM,

Page

1

2

3 4

APPEARANCES: On

Behalf

of

Sweatman

CHELSEA

T.

the

Counterclaim

COOKE,

Defendant

Cruser,

Mitchell,

Gaston & Zimet,

Novitz,

7

Peachtree

8

ccooke@cmlawfirm.com

11 12

Suite

2000

275 Scientific Drive Corners,

Georgia

JEFFREY

8

17

Yes.

.

MS. COOKE:

Whereupon,

Yes. LEE WEBB,

of the Respondent

11

penalty of perjury to tell the truth,

12

truth, and nothing but the truth, was examined and

(Via Videoconference)

13.

testified as follows:

Banks & Riedel, PC

14

Macon,

15

of Lee Webb taken by agreement of counsel and

16

pursuant to proper notice taken for all uses under

17

the Civil Practice Act

18

cross-examinations and any other purposes allowed

19

under the

BANKS,

Zeeman

ESQUIRE

Walnut

Street

Georgia 31201

jeffsbanks@hotmail.com

Behalf

MR. BANKS:

the witness herein,

478.254.3230

On

2023

This is a question for

Do you all stipulate to the swearing of

9

15 16

the witness remotely?

of

the

CONNELY DOIZE,

(Via

Respondent

ESQUIRE

Zeeman

Videoconference)

18

Swift,

19

Atlanta,

Currie,

1355 Peachtree

McGhee

Street,

&

Hiers,

NE,

LLP

Suite

300

the whole

i

MS. COOKE:

This will be the deposition 1

including discovery,

'

act.

,

20

:

.

All objections will be reserved except

for those that go to form of question and

22 23

responsiveness of answer. Have you all already discussed

23

24

~+signature?

i

25

MR. BANKS:

Well --

1

MS. COOKE:

I guess we can reserve that

22

Georgia 30309

being first duly sworn under

21

20 21

404.874.8800

connely.doize@swiftcurrie.com Also

present:

Ms.

Sarah

Zeeman,

respondent

Page

1 2

3

INDEX OF EXAMINATION DEPONENT:

LEE

WEBB

for

the

EXAMINATION

5

Ms.

Cooke

6

Mr.

Mitchell

7

Mr.

Banks

5S,

12,

4

104

5

18

6

here on behalf of Mr.

98

7

going to ask you some questions today.

8

time you don't understand any questions that I

9

ask,

I ask that you ask me to repeat or rephrase

10

it.

Otherwise,

11

all the questions.

li,

8 INDEX TO EXHIBITS

10 EXHIBITS

DESCRIPTION

EXAMINATION

PAGE

49,

PAGE

BY MS.

Q

COOKE:

So my name is Chelsea Cooke, and I'm I'm

If at any

I will assume that you understand

12

13

13.

break, please just let me know.

14

14

if we're in the line of questioning that you

(Note:

No exhibits marked.)

Also,

Jonathan Sweatman.

12

15

at any time, you need to take a

I just ask that

15

finish the question that's being asked,

16

16

take a break.

17

17

18

18

down your responses.

19

19

verbal responses such as yes and no.

20

20

or head shakes, as she won't be able to take that

21

21

down.

22

22

question, you allow me to finish the question

23

23

before answering,

24

24

able to properly transcribe everything that we're

25

25

saying, and so that we're not talking over each

and then

The court reporter does have to take

(G(O) AdvancedONE is now LEGAL

5

end.

3

4

11

Page

2

3

9

4

CFM

10

970

14

counsel.

5

PE,

tmitchell@cmlawfirm.com

S.

13

4

7

30092

404.881.2622

On Behalf

OCTOBER 12,

THE REPORTER:

6

Meridian

9

Sanchez,

LLP

6

10

DEPOSITION OF LEE WEBB,

2

ESQUIRE

II,

Page

1

3

(Via Videoconference)

5

2

Jonathan

ESQUIRE

TIMOTHY L. MITCHELL,

2..5

10/12/2023

So I ask that you only give No head nods

Then I also ask that when I'm asking a

so that the court reporter is

pLEXITAS

SWEATMAN

LEE

v

WEBB,

SARAH

PE,

Pages

ZEEMAN

CFM,

Page

1

6

other.

2

6..9

10/12/2023 Page

1s

Do you understand that you're under oath | 2

MR. BANKS:

Let me clear it up for the

3

and you have to tell the truth just as if you were

3.

record.

4

in front of a judge and a jury?

4

with this stuff on it.

5

A

Yes.

6

Q

So we can go ahead and get started.

Y'all also previously sent him a subpoena

5 I'm

6

8

subpoena that was sent to him?

MS. COOKE:

So did you ever give that to

him?

7

actually going to do a screen share because I'm

7

MR. BANKS:

You sent it directly to who?

8

going to produce an exhibit.

8

MS.

To Lee Webb.

9

MR.

BANKS:

Before you do that,

I may

9

COOKE:

Was he

notified of the deposition as far as the

10

have missed it.

Are we reserving the objections

10

documentation we sent to you regarding his

11

to the responsiveness of the question -—- I mean

11

deposition.

12

the form of the question and responsiveness of the | 12

13

answer?

13

14

MS.

15

MR. MITCHELL:

16

those,

17 18

COOKE:

Yes. No.

We're not reserving

but we're reserving everything else. MS.

COOKE:

Sorry,

excuse me.

Did that

Well,

I'm not sure but I'm

clarify okay Jeff?

19

MR.

BANKS:

20

sure he said it right.

Whatever.

21

MR. MITCHELL:

22

would be made right now,

23

MR.

24

Did I say it backwards?

BANKS:

25

MR. MITCHELL:

2

MR.

MS.

4

screen okay?

5

16

MS.

17

THE DEPONENT:

Okay.

Mr. Webb --

You had a server show up

at the office on a day I was working from home.

19

told them that

but everything else.

22

be deposed that Monday.

That's what I meant.

Yes.

Are y'all able to see my

Yes.

did you receive notice of the

deposition notice that I currently have on the

9

screen before me?

He did call me

But I never,

so I could

I told Jeff

that I wasn't available that day and that

24

wouldn't be available to do this until October. MS.

COOKE:

As far as,

I

I'm sorry,

7

Thanks for

8

but he never came back.

|23

25

go Page

1

3

MR.

BANKS:

Did you leave the documents

there at your work Mr. Webb? MS.

COOKE:

going to ask next.

6

documents.

7

9

BY MS.

Q

That's actually what I was I want to go through the

COOKE:

As far as your claim file related to you

being an expert witness in this action did you

10

A

No.

10

bring that with you today or do you have that in

11

Q

So the notice and I'll scroll and if you

|11

your possession?

12

need me to stop at any point let me know.

13. 14

15

12

A

What do you mean by claim file?

didn't receive any type of deposition notice for

13

Q

So you were retained to be an expert on

this deposition?

14

behalf of Ms.

15

correct?

A

You

For the deposition?

Zeeman in this case;

is that

16

MR.

BANKS:

Is that not a subpoena?

16

A

That is.

17

MS.

COOKE:

Yes.

17

Q

As far as your role were you asked to

MR.

BANKS:

Then maybe he's confusing

18

opine as far as the findings with Ms.

19

property or anything regarding Ms.

20

property?

18

19

the word "notice" with a subpoena.

20

THE DEPONENT:

Jeff told me I had a

21

deposition today.

22

not seen the document before.

23

24 25

Q

That's why I'm here.

I have

21

A

(Pause in testimony.)

22

Q

I'll rephrase that.

BY MS. COOKE:

23

So Jeff never ph