Re Discovery Closing In About 5 Weeks 15¶

I agree with the strategy and believe you will find that our client is also in agreement. We should agree to an extension of discovery along with the stay as we will need to depose more than just the plaintiff and his wife. We should also insist on responses to our written discovery prior to mediation.

Sarah does not want to use Phil Bettis. I suggested George Reid, David suggested Jason Harper and Tania suggested Tom Tobin and Ken Kendrick. All are fine with me.

Sarah needs 60 days or more to get back information from her consultants on her counterclaim damages. That timing should work given most mediators availability and difficulties scheduling.

Thanks for leading the effort, Joseph.

Rich

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Rich Capriola

Winter Capriola Zenner, LLC

One Ameris Center 3490 Piedmont Road NE, Suite 800 Atlanta, GA 30305 www.wczlaw.com http://www.wczlaw.com/

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From: Tania Tuttle ttuttle@mmatllaw.com Sent: Tuesday, June 14, 2022 10:57 AM To: Joseph G. Emanuel joseph.emanuel@swiftcurrie.com; Richard J. Capriola rcapriola@wczlaw.com; Brett Ledermeier bledermeier@mmatllaw.com Cc: Eric B. Coleman ecoleman@wczlaw.com; Joanna D. Conyers Joanna.conyers@swiftcurrie.com; Joanie J. Williams jwilliams@wczlaw.com; David Atkinson David.Atkinson@swiftcurrie.com Subject: RE: Discovery Closing in about 5 weeks

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I will follow up with Stewart. I think they are going to want to see the final survey first but I believe that should be done shortly. The actual title issues here are minimal, if any. The problem is that Ms. Zeeman has refused all attempts to fix the title issues when the title claim was first made so I think Stewart is going to want to make sure Ms. Zeeman is open to resolution. As long as she is open to compromise and resolution, I believe Stewart would be up for mediation first. And I have no objection to Phil.

From: Joseph G. Emanuel <joseph.emanuel@swiftcurrie.com joseph.emanuel@swiftcurrie.com > Sent: Tuesday, June 14, 2022 10:03 AM To: Richard J. Capriola <rcapriola@wczlaw.com rcapriola@wczlaw.com >; Tania Tuttle <ttuttle@mmatllaw.com ttuttle@mmatllaw.com >; Brett Ledermeier <bledermeier@mmatllaw.com bledermeier@mmatllaw.com > Cc: Eric B. Coleman <ecoleman@wczlaw.com ecoleman@wczlaw.com >; Joanna D. Conyers <Joanna.conyers@swiftcurrie.com Joanna.conyers@swiftcurrie.com >; Joanie J. Williams <jwilliams@wczlaw.com jwilliams@wczlaw.com >; David Atkinson <David.Atkinson@swiftcurrie.com David.Atkinson@swiftcurrie.com > Subject: RE: Discovery Closing in about 5 weeks

All: Plaintiffs Responses to our written discovery are due on July 8th and discovery is currently scheduled to close on July 13th. Sarahs deposition is currently scheduled for the 7th and we can notice the Sweatmans depositions for July 11-13. My understanding is that all counsel has availability on the 11-13th.

However, Lisa suggested, and I agree, that, if possible, it would be worthwhile to attempt mediation prior to incurring the expense of party depositions which, are likely to have the effect of further deteriorating the relationship between these neighbors. Therefore, she is speaking with her clients about consenting to an extension of discovery in order to allow time to conduct mediation.

I am new to the case, and I k