IN THE COUNTY COURT OF SARPY COUNTY, NEBRASKA
COMES NOW the Defendant and hereby certifies that it did mail by regular U.S. Mail, postage prepaid original Request for Production, Interrogatories, and Request for Admissions to the Plaintiff’s last known address.
Dated this [ENTER DAY] day of May 2021.
CERTIFICATE OF SERVICE
The undersigned hereby ce1iifies that the above and foregoing was served by regular U.S. Mail, postage prepaid, on the following parties:
IN THE COUNTY COURT OF SARPY COUNTY, NEBRASKA
TO: Plaintiff
REQUEST FOR PRODUCTION
Pursuant to the Nebraska Rules of Discovery 6-334, Defendant requests that Plaintiff files within thirty (30) days a written response to requests herein and to produce the requested documents for inspection and copying within thirty (30) days of service of this request at the address of Defendant at: 2108 Marilyn Drive, Papillion, NE 68046. Your written response shall state for each item, that inspection-related activities will be permitted as requested unless the request is refused. In that event, the reasons for refusal shall be stated. If the refusal relates to part of an item, that part shall be specified.
- In accordance, the documents shall be produced in a logical and reasonable manner, or you shall organize and label them to correspond with the categories in the request.
- These requests shall encompass all items within your possession, custody, or control.
- These requests are continuing in character to require you to promptly amend or supplement your response if you obtain further material information.
- If in responding to these requests, you encounter any ambiguity in construing any request, instruction, or definition, set forth the matter deemed ambiguous in the construction used in responding.
Definitions
As used in these requests, the following terms are to be interpreted per these definitions:
- The term “person” includes any individual, joint-stock company, unincorporated association, or society, municipal or other corporation, state, which agencies or political subdivisions, and court or any other governmental entity.
- The terms “you” or “your” include the person(s) to whom these requests are addressed, and all that person’s agents, representatives or attorneys.
- The terms “we” or “our” include the Defendant, who prepared these requests, and all past and present tenants of the premise in question.
- In accordance, the terms, “document” or “documents” includes all writings, drawings, graphs, charts, photographs, recordings, and any other data computations from which information can be obtained, translated, if necessary, by (you) into a reasonably usable form.
- “Communication(s)”: The term “communication(s)” as used herein means any written or oral contact, formal or informal, at any time or place, and under any circumstances whatsoever, whereby information of any nature was transmitted and transferred. It includes, but is not limited to, meetings, telephone conversations, discussions, reports, executive summaries, briefings, and oral requests for information. It includes, but is not limited to, letters, notes, notices, pleadings and other legal filings, memoranda, advertisements, post cards, and telegrams.
Requests
- Any and all documents in which you shall rely upon in answering the Interrogatories and Requests for Admission filed contemporaneously herein.
RESPONSE:
- All Collection Agency’s licenses issued to plaintiff or plaintiff’s agents during the period involved in the present case.
RESPONSE:
- A copy of any documents, photographs, digital media, or communications that you believe is relevant to your claims in this matter.
RESPONSE:
- Proof of timely service from both the original claimant and from you.
RESPONSE:
- Current date stamped photos of the interior of the leased property.
RESPONSE:
- Any receipts showing the cost of and the purchase of the carpet that was present when we occupied the property.
RESPONSE:
- Any records of remodel from, before, during, and after our tenancy especially the date purchased.
RESPONSE:
- A copy of the lease of the previous tenant.
RESPONSE:
- A record of any claims against the previous tenant for any damages.
RESPONSE:
- Any receipt showing what the previous tenant paid for damages, if any.
RESPONSE:
- All ongoing maintenance contracts pertaining to the premise in question, including, but not limited to contracts for extermination, heating, air conditioning, and general maintenance, if any.
RESPONSE:
- All receipts showing expenditures made for repairs on subject premises, during the duration of tenancy.
RESPONSE:
- All notes, memoranda, or other documents concerning any conversations between Plaintiff and the former tenant concerning repairs to the premises or requests for repairs.
RESPONSE:
- Any and all documentation showing you have verified that Defendant is responsible for the alleged debt, or a copy of any judgment.
- All written reports of each person whom you expect to call as witness at trial.
RESPONSE:
DEFENDANT’S FIRST SET OF INTERROGATORIES TO THE PLAINTIFF
Pursuant to Neb. Ct. R. Disc. § 6-333, Defendant requests that Plaintiff answers the following Interrogatories within thirty (30) days as required by law.
In answering the attached interrogatories, furnish all information that is available to you, including all non-privileged information in the possession of your attorney(s), or investigators for your attorneys, and any others employed by you or on your behalf and not merely such information known to you as a matter of personal knowledge. Any reference made to “you” includes every person in connection with you as Responding Party, including all agents, investigators, employees, and other persons acting on your behalf.
If you cannot answer the following interrogatories in full, after exercising due diligence to secure information to do so, so state, and fully answer each interrogatory. Specify why you were unable to answer the remainder of any interrogatory. Finally, state whatever information or knowledge you have concerning the unanswered portions of any interrogatory.
If an interrogatory does not specifically request a fact and such fact(s) is necessary to make the answer to the interrogatory comprehensive, complete, or not misleading, you shall include such facts as part of your answer. The interrogatory shall be deemed specifically to request such fact(s).
In each instance where Responding Party claims insufficient knowledge or information as a ground for not providing information or for providing only a portion of the information requested, a description must be provided of the efforts made to locate the information necessary for the answer.
Definitions
1. “DESCRIBE” and “SPECIFY” and “EXPLAIN” and/or “STATE” shall mean to set forth fully and unambiguously, using technical terms or words of art necessary, each and every fact and event relevant to the answer called for in the interrogatory, and if which the defendants or agents, representatives, attorneys, and all other persons acting for, or on behalf of, the Responding Party has knowledge.
2. “IDENTIFY” when referring to an individual, means to state: His/her full name; his/her present address if known or last known address if present address is unknown; and, his/her home and business telephone number.
3. “IDENTIFY” when referring to a document means to state: The type of document (e.g., letter, record, journal, memorandum), the date, title and identifying number of the document, if any, the general subject matter of the document, and the present location of the document.
4. The term “DOCUMENT” or “DOCUMENTS” shall mean to refer to all writings, and shall specifically include, but is not limited to, the original and all copies of any written material, including agreements, contracts, communications, correspondence, memos, telegrams, facsimiles, memorandum, notebooks, and summaries or records of telephone conversations, personal conversations, and interviews.
5. “PERSONS” and/or “INDIVIDUAL” shall mean any individual, partnership, firm, corporation, trust, association, commission, board, proprietorship, authority, governmental agency or entities, and also where relevant, individuals representing such “PERSON” or “INDIVIDUAL.”
6. The term “YOU” and “YOUR” shall mean NATIONAL ACCOUNT SYSTEMS OF OMAHA, LLC. or anyone acting or purporting to act on its behalf.
7. The term “PLAINTIFF” and “RESPONDING PARTY” means NATIONAL ACCOUNT SYSTEMS OF OMAHA, LLC. or anyone acting or purporting to act on its behalf.
8. The term “DEFENDANT” means THOMAS RICE or anyone acting or purporting to act on its behalf.
9. The term “CONCERNING” means relating to, referring to, describing, evidencing, or constituting.
10. The term “PERSON” means any individual, corporation, partnership, limited partnership, joint venture, sole proprietorship, trust, governmental agency, or other organization recognizable at law, and its agents and employees.
11. The term “COMMUNICATION(S)” means any transfer of information of any kind, orally, in writing or in any other manner.
Instruction
Answer each question below completely. With respect to any Interrogatory, if the response to which YOU contend is in some way “burdensome” or “oppressive,” please STATE the specific reasons for this objection.
Interrogatories
1. Please identify the person or persons responding to these Interrogatories. Please identify in your answer each person who has provided information in connection with these interrogatory answers.
RESPONSE:
2. Identify the person or persons who had the overall supervision of the subject premises during the period involved in the lease.
RESPONSE:
3. Did your Assignor, Grandview Apartments CVW, receive any payment(s) from Defendant?
RESPONSE:
4. If so, as to each payment, please specify:
- the date;
- the amount;
- manner of payment, i.e., check, money order, cash, etc.;
- whether you have a receipt thereof; and
RESPONSE:
5. Please describe in as much detail as possible each and every complaint raised by Original Creditor, Plaintiff, or representatives of Plaintiff with Defendant or former tenants regarding maintenance and repairs in the subject premises.
RESPONSE:
6. Please state the full name and mailing address of the original creditor of the alleged debt.
RESPONSE:
7. Describe all repairs made to the subject premises, by original creditor, Plaintiff or by any agent or principal of plaintiff, during the period of the lease, and for each such repair, please:
- identify the person(s) making the repair;
- state the date of the repair; and
- state the cost of the repair.
RESPONSE:
8. Have you ever met the DEFENDANT in person?
RESPONSE:
9. Do you contend that the original creditor adequately fulfilled their obligations for repairs and maintenance under the lease terms?
RESPONSE:
10. Did a complete remodel of the complex occurred before during or after our tenancy?
RESPONSE:
DEFENDANT’S REQUEST FOR ADMISSIONS OF FACT
Pursuant to Neb. Ct. R. Disc. § 6-333, Defendant requests that Plaintiff admits or denies the following statements of fact. Please take note: each matter of which an admission is requested is deemed admitted unless, within 30 days after service of these Requests, you serve upon the Defendant, through the undersigned, a written answer or objection. If objection is made, please state the reason for the objection. You may not give lack of information or knowledge as a reason for failure to admit unless you state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit or deny. ADMIT OR DENY:
1. Plaintiff is a Nebraska limited liability company existing under the laws of the United States.
RESPONSE:
2. Defendant is a resident of Sarpy County, Nebraska.
RESPONSE:
3. That Defendant entered into a residential lease agreement with Plaintiff and that Defendant was extended a lease to rent by Plaintiff’s assignor, Grandview Apartments CVW.
RESPONSE:
4. That Defendant did not and has never defaulted in rent and/or damages under the residential lease agreement granted by the Plaintiff’s assignor, Grandview Apartments CVW.
RESPONSE:
5. Admit that you did not verify that Defendant is responsible for the alleged debt.
RESPONSE:
6. Admit that there is no judgment from any court of law declaring that Defendant owes Plaintiff the alleged debt.
RESPONSE:
7. Admit that you withheld Defendant’s security deposit.
RESPONSE:
8. Did you, your assigns, or the original creditor fulfill your obligations to maintain and repair the premises in question?
RESPONSE:
9. Admit that there were latent problems with the subject property existing from the time of its leasing.
RESPONSE:
10. Admit that Defendant is not liable for any of the allegations complained of in your Complaint.
RESPONSE:
Dated this [ENTER DAY] day of May 2021.
CERTIFICATE OF SERVICE:
The undersigned hereby ce1iifies that the above and foregoing was served by regular U.S. Mail, postage prepaid, on the following parties:
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