Pet Rpd Responses To First Discovery.7.29.22 Ocr¶

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA JONATHAN SWEATMAN,

)

)

Petitioner,

)

v.

)

CIVIL ACTION FILE NO.

)

21CV9795

)

SARAH ZEEMAN,

)

)

Respondent.

)

) PETITIONER’S RESPONSES TO RESPONDENT’S FIRST REQUEST FOR PRODUCTION TO PETITIONER

COMES NOW Petitioner Jonathan Sweatman (“Petitioner”) in the above-styled civil action, by and through his undersigned counsel, and pursuant to O.C.G.A. §§ 9-11-26 and 9-1133, hereby objects and responds to Respondent’s First Request for Production to Petitioner (hereinafter “Respondent’s RPDs” or “Discovery Requests”) as follows: PRELIMINARY STATEMENT

(A)

The following responses are based upon information presently available to

Petitioner, which Petitioner believes to be correct. Said responses are made without prejudice to Petitioner’s right to utilize subsequently discovered facts. (B)

— No incidental or implied admission of fact by Petitioner is made by the responses

below. The only admissions are express admissions.

The fact that Petitioner has answered any

request herein may not properly be taken as an admission that Petitioner accepts or admits the existence of any fact set forth or assumed by such discovery request, or that such response constitutes admissible evidence.

The fact that Petitioner has answered part or all of any

interrogatory is not intended to and shall not be construed to be a waiver by Petitioner of all or any

part of any objection by Petitioner to the admissibility of evidence at trial or the relevance of the response.

(C)

The responses to Respondent’s RPDs may be supplemented by Petitioner’s further

investigation and acquisition of information which Petitioner either does not possess or recall at

this time. However, any such further supplementation shall be made only in accordance with the Georgia Civil Practice Act. (D)

Petitioner shows that, notwithstanding any of the statements, assertions, definitions,

or preliminary instructions contained within Respondent’s RPDs, Petitioner will provide responses

which are required pursuant to the Georgia Civil Practice Act. (E)

— The information supplied in these responses to Respondent’s RPDs is not based

solely upon the knowledge of the executing party, but includes knowledge of the party, its agents, its representatives, and its attorneys, unless privileged. (F)

The word usage and sentence structure may be that of the attorney assisting in the

preparation of the responses to the RPDs and, thus, do not necessarily purport to be the precise language of the responding party. (G)

The objections asserted by Petitioner below are asserted in good faith, based upon

counsel’s evaluation of Petitioner’s discovery obligations under the Georgia Civil Practice Act. Nonetheless, Petitioner offers and stands ready to confer with Respondent in an effort to resolve or narrow, to the greatest extent possible, any dispute between the parties concerning Petitioner’s objections. (H)

— This preliminary statement is incorporated in each of the responses set forth below.

GENERAL OBJECTIONS

(A)

Petitioner objects to the Discovery Requests to the extent they seek information that

is immaterial, irrelevant, and exceeding the appropriate scope of discovery. (B)

Petitioner objects to the Discovery Requests to the extent they are without an

appropriate time frame.

(C)

Petitioner objects to the Discovery Requests to the extent they seek information that

is not reasonably calculated to lead to the discovery of admissible evidence. (D)

Petitioner objects to the Discovery Requests to the extent they are overly broad,

unduly burdensome, and harassing. (E)

Petitioner objects to the Discovery Requests to the extent they seek information that

is privilege, that is confidential, that is work product, and/or that is not subject to discovery.

(F)

Petitioner objects to the Discovery Requests to the extent they seek to obtain the

disclosure of the mental impressions, conclusions, or legal theories of any attorney or other representatives of Plaintiffs concerning this litigation. (G)

Petitioner objects to the Discovery Requests to the extent that terms used therein

are without definition and are capable of numerous interpretations.

To the extent that the

Discovery Requests would have Petitioner speculate at his peril as to the definition of said terms, Petitioner cannot properly respond. (H)

Petitioner objects to the Discovery Requests to the extent they call for a conclusion

of law. SPECIFIC OBJECTIONS AND RESPONSES

Subject to and without waiving the foregoing General Objections, Petitioner further objects and responds to the Respondent’s RPDs as follows:

1.

Please produce all documents related to, identified by you, relied upon by you, or otherwise referred to in your responses to Respondent’s First Interrogatories. RESPONSE:

Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time. 2.

Please produce all documents and things which will, or could be, used by you to support any claim set out in your Petition. RESPONSE:

Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time. 3.

Please produce all documents and things which will, or could be, used by you to support your calculation of damages in this civil action. RESPONSE:

Plaintiff will supplement this response as discovery is continuous and ongoing. 4.

Please produce all documents and things which will, or could be, used by you to support your defenses in this civil action. RESPONSE:

Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time 5.

To the extent not otherwise produced in response to the above requests, please produce all documents and electronically stored information of any kind which documents, references, or otherwise relates to any and all improvements or renovations which have been constructed

upon 2746 Grove Street in the last three years. RESPONSE:

Plaintiff objects to this request to the extent it requests “any and all improvements or renovations that have been constructed” as overly broad and irrelevant. Certain renovations to the property are irrelevant to the claims at hand and outside the scope of discovery.

Subject to and

without waiving the foregoing objection, Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time. 6.

To the extent not otherwise produced in response to the above requests, please produce all documents and electronically stored information of any kind which documents, references, or otherwise relates to the lights and cameras referenced in Respondent’s Interrogatories (including receipts, estimates, and invoices for the purchase and/or installation of such lights and cameras). RESPONSE:

Plaintiff objects to the request for the production of all electronically stored information from the cameras as overly burdensome and not ascertainable. Subject to and without waiving the foregoing objection, Plaintiff will produce those non-privileged documents in his possession that are

responsive to this request at a mutually convenient place and time. 7.

To the extent not otherwise produced in response to the above requests, please produce all video which you have ever recorded of 2740 Grove Street. RESPONSE:

Plaintiff objects to this request as it assumes that Plaintiff recorded video images of 2740 Grove Street, which he did not record. Plaintiff's property only.

Plaintiff states that his cameras are angled to record

Subject to and without waiving the foregoing objection, Plaintiff will

produce those non-privileged documents in his possession that are responsive to this request at a

mutually convenient place and time. 8.

To the extent not otherwise produced in response to the above requests, please produce all documents and electronically stored information of any kind which documents, references, or otherwise relates to the fences referenced in Respondent’s Interrogatories (including receipts,

estimates, and invoices for the purchase and/or installation of such fences). RESPONSE:

Plaintiff objects to this request to the extent it is vague and overly broad as it requests all

documents of any kind which reference the fence. Subject to and without waiving the foregoing objection, Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time. 9.

To the extent not otherwise produced in response to the above requests, please produce all documents and electronically stored information of any kind which documents, references, or otherwise relates to the porch referenced in Respondent’s Interrogatories (including receipts,

estimates, and invoices for the purchase and/or installation of such porch). RESPONSE:

Plaintiff objects to this request to the extent it is vague and overly broad as it requests all

documents of any kind which reference the porch. Subject to and without waiving the foregoing objection, Plaintiff will produce those non-privileged documents in his possession that are responsive to this request at a mutually convenient place and time. 10.

To the extent not otherwise produced in response to the above requests, please produce all documents and electronically stored information of any kind which documents, references, or otherwise relates to the deck referenced in Respondent’s Interrogatories (including receipts,

estimates, and invoices for the purchase and/or installation of such deck). RESPONSE:

Plaintiff objects to this request to the extent it is vague and overly broad as it requests all

documents of any kind which reference the deck.

Subject to and without waiving the foregoing

objection, Plaintif