Request for Production of Documents; Admission of Facts; and Interrogatories

IN THE COURT OF COMMON PLEAS

 

XXX

 

  1. REQUEST FOR PRODUCTION

Plaintiff XXX, Inc. requests that Defendant City of East Cleveland file 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 offices of the Plaintiff ,XXX.  

 

  1. 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.
  2. In accordance, the documents shall be produced as they are covered in the usual course of business, or you shall organize and label them to correspond with the categories in the request.
  3. These requests shall encompass all items within your possession, custody, or control.
  4. These requests are continuing in character to require you to promptly amend or supplement your response if you obtain further material information.
  5. 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:

  1. 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.
  2. The terms “you” or “your” include the person(s) to whom these requests are addressed, and all that person’s agents, representatives or attorneys.
  3. 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), through detection devices, into a reasonably usable form.

 

Requests

  1. Any Court order and/ or Certificate of Demolition that authorized the demolition of the Plaintiff’s property. 
  2. The following Document Requests No. 1 through No. 9 refer to any person that you intend to call as an expert witness to testify at trial on behalf of the Defendant:
  1. All written reports of each person whom you expect to call as an expert witness at trial.
  2. The most recent resume or curriculum vitae of each expert whom you expect to call as an expert witness at trial.
  3. All notes, diagrams, photographs, or other documents prepared or reviewed in connection with their assignment in this case by each person whom you expect to call as an expert witness at trial.
  4. All drafts, working papers or documents generated by each witness whom you intend to call as an expert at trial in connection with the opinions and subjects on which the witness is expected to testify.
  5. Each publication or paper that was written or worked on by each witness whom you intend to call as an expert witness at trial, and which refers or relates to the opinions and subjects on which the witness is expected to testify.
  6. Any documentation at all upon which you intend to base in whole, or in part, any defense to the allegations set forth in the Plaintiff’s Complaint and response to your Counterclaim.
  7. All documents, correspondence, or interoffice memoranda concerning the facts, matters, circumstances in the Complaint in the instant action.
  8. All documents in support of any factual allegations and/or contentions contained in your Answer and Counterclaim filed in this case.
  9. All documents You intend to introduce or rely upon at trial in this case not produced in response to the other requests.

 

  1. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO THE DEFENDANT 

Pursuant to Rule 33 of the Ohio Rules of Civil Procedure, Irving J. Franklin Realty, Inc. (“Plaintiff”) requests that City of East Cleveland (“Defendant”) answer 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. 

 

  1. DEFINITIONS 
  2. “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. 
  3. “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. 
  4. “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. 
  5. 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. 
  6. “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.” 
  7. The term “YOU” and “YOUR” shall mean CITY OF EAST CLEVELAND and any attorneys, agents, employees, and investigators of City of East Cleveland.  
  8. The term “PLAINTIFF” means IRVING J. FRANKLIN REALTY, INC. or anyone acting or purporting to act on its behalf. 
  9. The term “DEFENDANT” and “RESPONDING PARTY” means CITY OF EAST CLEVELAND or anyone acting or purporting to act on its behalf. 
  10. The term “CONCERNING” means relating to, referring to, describing, evidencing, or constituting. 
  11. 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. 
  12. The term “COMMUNICATION(S)” means any transfer of information of any kind, orally, in writing or in any other manner.  

 

  1. 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.

 

III. INTERROGATORIES

  1. Please identify the person or persons responding to these Interrogatories in the City of East Cleveland. Please identify in your answer each person who has provided information in connection with these interrogatory answers.
  2. Describe in detail any and all communications with any officer, specialist, or any other person who conducted a check on the Plaintiff’s property to determine that it constitutes a public nuisance.  To the extent that there are documents or other records which pertain or relate to your Answer, please identify those documents or records.
  3. Describe in detail all studies, reports, inquiries, investigations, or surveys done on the Plaintiff’s property by the person you identified in (2) above including but not limited to studies, reports, inquiries, investigations, or surveys conducted by or with any specialist, and with respect to each and every study, report, inquiry, investigation, or survey: (a) state each and every reason for undertaking the study, report, inquiry, investigation, or survey; (b) describe each and every conclusion(s), if any, of the study, report, inquiry, investigation, or survey; (c) describe each and every decision to demolish the Plaintiff’s property as a result of the study, report, inquiry, investigation, or survey; and (d) describe each and every action taken as a result of the study, report, inquiry, investigation, or survey
  4. Describe in detail any and all the provisions of law relied upon by the Defendant to qualify the Plaintiff’s property as a “public nuisance”, and any legal provision authorizing them to demolish such buildings, including any conditions and exceptions thereof. To the extent that there are laws and/or jurisprudence which pertain or relate to your Answer, please identify those laws and/or jurisprudence.
     5.  Describe in detail any and all communications with private parties, including but not limited to demolition companies regarding the demolition of the Plaintiff’s property. To the extent that there are documents or other records which pertain or relate to your Answer, please identify those documents or records.
  5. Describe in detail any and all communications with the court concerning a court order authorizing you to demolish the Plaintiff’s property. To the extent that there are documents or other records which pertain or relate to your Answer, please identify those documents or records.
  6. Describe in detail any and all communications within the City of East Cleveland’s administration and management, including but not limited to memos, reports, and other correspondences regarding the investigation and demolition of the Plaintiff’s property. To the extent that there are documents or other records which pertain or relate to your Answer, please identify those documents or records.

 

  1. PLAINTIFF’S REQUEST FOR ADMISSIONS OF FACT

Pursuant to Rule 36 of the Ohio Rules of Civil Procedure, Irving J. Franklin Realty, Inc. (“Plaintiff”) requests that City of East Cleveland (“Defendant”) admits or denies the following statements of fact. If objection is made, please state the reason for the objection.

  1. The Plaintiff is the owner of Plaintiff’s the property located at 1717 Collamer Street, East Cleveland, Ohio 44112, also known as permanent parcel number 673-03-068.
  2. The Defendant has no right to demolish any property without proper authorization by a Court order.
  3. The Defendant failed to conduct a final check on the Plaintiff’s property to identify the Plaintiff’s efforts to renovate the said property.
  4. The Defendant failed to provide sufficient information to the Plaintiff concerning the exact date and time for the demolition.
  5. The Defendant is liable for any of the injuries complained of in the Plaintiff’s Complaint.

  

 

Dated this _________ day of _____________.

___________________________

Attorney/Plaintiff

CERTIFICATE OF SERVICE

I hereby certify a copy of the foregoing has been served upon the Defendant’s counsel via [STATE MEANS OF SERVICE] to the address on record on this XXX.

 

___________________________

Attorney/Plaintiff

 

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