Chelsie Lael Kennedy
MONTANA FIRST JUDICIAL DISTRICT COURT
LEWIS AND CLARK COUNTY
| JEREMIAH ROSENBAUM,Petitioner, v. CHELSIE LAEL KENNEDYRespondent.Pro Se | Case No. CDR-2019-567Hon. Kathy Seeley RESPONDENT’S FIRST COMBINED SET OF DISCOVERY REQUESTS TO PETITIONER |
TO: JEREMIAH ROSENBAUM, Petitioner, and his attorney of record:
Please take notice that pursuant to Rule 33 of the Montana Rules of Civil Procedure, you have thirty (30) days from the date that these Discovery Requests are legally served upon you to respond to them under oath.
In responding to these Discovery Requests, you are required not only to furnish information from your personal knowledge and from your personal documents, but also to furnish information that is reasonably available to you, including, but not limited to, information that is in the possession of your attorneys, investigators, or anyone else acting in your behalf.
These Discovery Requests are deemed continuing and if you obtain further or more accurate information after you submit your responses, you are required to file a supplemental response to these Discovery Requests.
If you believe that you have already informally or through your preliminary disclosure statement responded to a certain discovery request, please refer to your previous response if it is still accurate. If your previous response is not still accurate, then provide the current and accurate information.
DEFINITIONS
- The term “document” or “documents” means and includes all written, printed, typed, recorded, or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto, which are in your possession, custody, or control. Without limiting the foregoing, the term “document” and “documents” shall include all agreements, contracts, communications, correspondence, letters, telegrams, messages, memoranda, records, reports, books, summaries or other records of telephone conversations or interviews, summaries or other records of personal conversations, minutes or summaries or other records of meetings and conferences, summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, financial statements, drafts, maps, charts, tables, consultant’s reports, appraisals, press releases, notes, notices, marginal notations, notebooks, recommendations, checks, cancelled checks, receipts, credit card receipts, airline ticket stubs, policy manuals, drafts, letters of credit, envelopes or folders or similar containers, vouchers, surveys, tape or disc recordings, sound recordings, video recordings, film, tape, photographs, compilation from which information can be obtained (including matter used in data processing), and all other printed written, handwritten, typewritten, recorded, stenographic, computer-generated, computer-stored, or electronically stored matter, however and by whomever produced, prepared, reproduced, disseminated, or made. The terms “document” and “documents” shall include all copies of documents by whatever means made, except that where a document is identified or produced, identical copies thereof which do not contain any markings, additions, or deletions different from the original need not be separately discussed or produced. Without limitation of the term “possession, custody, or control,” a document is deemed to be within your possession, custody or control if you physically possess the document or a copy thereof or if you have access to or the right to secure a document or a copy thereof from any other person or public or private entity having physical possession thereof.
- The term “relating to” means to consist of, refer to, reflect on, arise out of, or be in any way or manner legally, factually, or logically connected with the matter discussed.
- The term “person” means any natural person, governmental body, governmental agency, corporation, general or limited partnership, joint venture, and/or any other form of business organization or association, whether or not said person is a party to this action or in any way connected to a party in this action.
- The term “nature” as in the nature of something means the essence or characteristics of the thing.
- The terms “basis” or “bases” as in the bases for some allegation means the cause, grounds or reasons for such allegation. When stating the basis or bases for any allegation, identify each and every communication and document and set forth each and every act and statement on which you rely. When stating the basis or bases for an allegation, identify each person who possesses knowledge of facts which relate to your answer and give substance of the knowledge he/she possesses.
- The term “meeting” means and includes any contemporaneous presence of any natural persons, whether or not such presence was by chance or pre-arranged, or whether or not the meeting was formal or informal or in connection with some other activity.
- The term “communication” means and includes any transmission or exchange of information, other than face-to-face, between two or more persons, whether orally or in writing, and including without limitation by conversing, discussing or propounding of views or ideas by means of any document, telephone, telex, telecopies, cable, video or audio transmission device or some other electronic or other medium.
- The terms “you,” “your” and “yours” means “you” in the ordinary sense and includes your representatives, including but not limited to your attorneys, investigators, accountants, and other third parties you employ or that provide services to you.
- The term “manner,” as in the manner of accomplishing something, means the way or mode in which that thing is accomplished.
- The terms “he,” “his,” and “him” are interchangeable with the terms “she,” “hers,” and “her.”
- As used herein, the words, “and,” “and/or” and “or” shall be construed either conjunctively or disjunctively as required by the context to bring within the scope of these interrogatories and requests any information which might be deemed outside their scope by another construction.
- The terms “identify” or “identity,” when used in reference to a natural person, means to state his full name, current or last known home and business addresses, current or last known employment, current or last known home and business telephone numbers; and if the person identified was ever an employee of yours, the precise job or position and titles held by him at any time while still employed, and the dates of service in each such job or position held; and if a former employee of yours, the date and reason for the termination of employment.
- The terms “identify” or “identity,” when used in reference to a document, means to state the date and author, type of document, (e.g., letter, memorandum, telegram, chart, etc.), or some other means of identifying it, identify its present location and custodian, identify every author, whether such person signed the document or not, and identify every person to whom such document was addressed as well as every other person to whom such document or any copy thereof was given or sent. If any such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it. Documents prepared prior to or subsequent to any period covered by these interrogatories but which relate or refer thereto are to be included.
- The term “identify,” when used with respect to a meeting, communication, or agreement, means to state its date and place, to identify the natural persons or entities that were parties to or have knowledge of the meeting, communication or agreement, to describe the substance of any discussion involved in such meeting, communication or agreement, and the method of communication employed (e.g., telephone, correspondence, etc.) and to identify every document that depicts, embodies, refers or relates, in any manner to, or reflects in any way such meeting, communication or agreement.
- The terms “identify” or “identity,” when used in reference to some entity other than a natural person means to state its full name, its address and telephone number, the nature of its organization (e.g., corporation, partnership, association), the name, position, street address, mailing address, and telephone number of its principal officers at all times relevant to this litigation, and the state or other jurisdiction in which it is incorporated or organized and the date of such incorporation or organization.
- The term “this litigation” means the legal action identified by the caption appearing on page one (1) of this document and includes, but is not limited to, all allegations, things, or matters stated or referred to, directly or indirectly, in any brief, motion, memorandum, claim, complaint, answer, affirmative defense, or allegation made by any person in said case.
COMBINED DISCOVERY REQUESTS
REQUEST FOR ADMISSION NO. 1: Admit that the income identified in your Preliminary Declaration of Disclosure, Montana Child Support Guidelines Financial Affidavit, and list of bills reflects all income from any source currently received by you in the last 12 months. If that is not the income from any source received by you in the last 12 months, please supplement the preliminary disclosure statements to reflect any and all income received by you in the last 12 months.
RESPONSE:
REQUEST FOR ADMISSION NO. 2: Admit that the assets identified on your Preliminary Declaration of Disclosure, Montana Child Support Guidelines Financial Affidavit, and list of bills are all of the assets in which you and/or your spouse have or may have an interest, regardless of the characterization of such asset. If those are not all the assets you or your spouse may have an interest in, please supplement the preliminary disclosure statement to reflect any and assets.
RESPONSE:
REQUEST FOR ADMISSION NO. 3: Admit that the liabilities identified on your Preliminary Declaration of Disclosure, Montana Child Support Guidelines Financial Affidavit, and list of bills are all of the liabilities for which you and/or your spouse may be liable, regardless of the characterization of such liability. If those are not all the liabilities you or your spouse may have an interest in, please supplement the preliminary disclosure statement to reflect any and liabilities.
RESPONSE:
INTERROGATORY NO. 1: List each of your current educational degrees that you hold and the years you obtained them.
RESPONSE:
INTERROGATORY NO. 2: List and identify amounts and sources of all income you have earned or received (including temporary family support and/or child support) in the last ten (10) years, whether you reported that income on tax returns or not, and where you received that income from.
RESPONSE:
REQUEST FOR PRODUCTION NO. 1: Please produce any and all documents to support your response to the two previous Interrogatories, including your employment agreements, W-2’s, 1099’s, and other evidence of income.
RESPONSE:
REQUEST FOR PRODUCTION NO. 2: Please produce a copy of your most recent Social Security earnings statement.
RESPONSE:
INTERROGATORY NO. 3: State any and all benefits you received from any employer in addition to or in lieu of compensation and describe the:
a. The nature of the benefits;
b. The employer paying such benefits;
c. The dollar amount of benefits you receive.
RESPONSE:
INTERROGATORY NO. 4: List your employment history for the past ten (10) years, including where you were employed, position, salary, and benefits received.
RESPONSE:
INTERROGATORY NO. 5: Describe the standard of living you believe you achieved with your spouse during your marriage.
RESPONSE:
INTERROGATORY NO. 6: If you are asserting any special financial needs, state the nature of your special need and the amount of money you believe you need to compensate you for this special need.
RESPONSE:
INTERROGATORY NO. 7: Identify each and every bank account, including savings, checking, certificates of deposit and any other instrument held at a bank, credit union, or other entity with whom funds are deposited or accumulated in which you have any interest, separately and/or with any other person, or in which you have had an interest in the past three (3) years, by listing the name of the institution, the account type, the account number, and the dates during which activity occurred in the account (including, but not limited to, dates opened and closed).
RESPONSE:
REQUEST FOR PRODUCTION NO. 3: For each and every account listed in response to the foregoing Interrogatory, please produce copies of the statements for the past three (3) years.
RESPONSE:
REQUEST FOR ADMISSION NO. 4: Admit that during your present marriage you have not deposited money in any bank account in which your name did not appear.
RESPONSE:
FOR PRODUCTION NO. 4: Please produce the account statements for the past two (2) years for any kind of retirement, pension, or deferred compensation fund, including Social Security benefits, in which you have an interest.
RESPONSE:
INTERROGATORY NO. 8: Identify all real property in which you own any interest, whether individually, jointly or through any entity and for each parcel state:
a. Address or location;
b. Approximate size or acreage and legal description;
c. Date of acquisition;
d. Purchase price;
e. Present fair market value and how such value was determined;
f. Any debt for each parcel and to whom such debt is owed and any required payment.
RESPONSE:
REQUEST FOR PRODUCTION NO. 5: Please produce any documents showing the ownership interests in any real property identified in the preceding Interrogatory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 6: Please produce any appraisal or market valuations of the real property identified in the preceding Interrogatory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 7: Please produce any documents showing the indebtedness on each parcel identified in the preceding Interrogatory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 8: Please produce copies of all titles and certificates of registration for all personal property identified in your preliminary disclosure statement.
RESPONSE:
REQUEST FOR PRODUCTION NO. 9: Please produce any written valuations you have specially obtained from third parties for any items of the personal property you identified in your preliminary disclosure statement.
RESPONSE:
REQUEST FOR PRODUCTION NO. 10: Please produce any other documents you relied upon in determining the market value of the personal property identified in your preliminary disclosure statement.
RESPONSE:
REQUEST FOR PRODUCTION NO. 11: If there have been any safe deposit boxes, vaults, safes or other places of deposit and safekeeping in which you deposited any money, documents or other items or personal property during the marriage, state where the safe deposit was located and state the contents in the safe deposit as of the date of the filing your petition for dissolution.
RESPONSE:
REQUEST FOR PRODUCTION NO. 12: Please produce copies of any life insurance policies or certificates of life insurance currently in existence insuring your life or your spouse’s life.
RESPONSE:
REQUEST FOR PRODUCTION NO. 13: Please produce copies of any and all property and vehicle insurance policies currently in existence insuring any property and/or vehicles obtained during the marriage.
RESPONSE:
INTERROGATORY NO. 9: List any other assets, and their value, in which you have any interest but which you have not yet disclosed in your responses to these Discovery Requests.
RESPONSE:
INTERROGATORY NO. 10: If, since your separation from your spouse, you have transferred or disposed of any asset, for each item of property transferred, state a complete description of the property; the name, address, and telephone number of the transferee; the
reason for and date of the transfer or sale; the amount of consideration received for the transfer or sale; the value of the asset transferred or sold; whether your spouse’s consent was obtained prior to the transfer or sale; whether your spouse was notified subsequent to the transfer or sale; and, if such notification was made, the date of such notification.
RESPONSE:
REQUEST FOR PRODUCTION NO. 14: Produce all documentation reflecting each transaction identified in your answer to the immediately preceding Interrogatory.
RESPONSE:
INTERROGATORY NO. 11: If since your separation from your spouse you have incurred any liability greater than $250, for each liability incurred, state a complete description of the liability, the name and address of the creditor, the reason the liability was incurred, the date the liability was incurred, the amount of the liability, the value of any asset pledged to secure repayment of the liability, and whether your spouse’s consent was obtained prior to incurring such liability.
RESPONSE:
REQUEST FOR PRODUCTION NO. 15: Please produce all documents memorializing or otherwise in any way reflecting any liability (past or present) described in your answer to the preceding Interrogatory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 16: Please provide a copy of all credit card statements you have received in the past two (2) years.
RESPONSE:
REQUEST FOR PRODUCTION NO. 17: Please produce copies of all loan applications and statements of loan accounts for all secured and unsecured loans applied for by you, whether or not taken or approved from January 1, 2015, to date.
RESPONSE:
INTERROGATORY NO. 12: If you intend to claim that any assets should be excluded from the marital estate, please identify such property and explain the basis for your position.
RESPONSE:
INTERROGATORY NO. 13: Please set forth your proposal for the overall distribution of the marital estate.
RESPONSE:
INTERROGATORY NO. 14: Describe in detail what parenting arrangements concerning your minor children would be in their best interests and which you will be requesting the court order in this case, providing a full justification for your position rather than simply reciting statutory language.
RESPONSE:
INTERROGATORY NO. 15: Describe in detail and with particularity the amount and form of child support you propose you should receive from or contribute to your spouse and for what period of time, providing a full justification for your position rather than simply reciting the language used in MCA § 40-4-204.
RESPONSE:
REQUEST FOR PRODUCTION NO. 18: Please produce copies of calculations and worksheets using the Montana Child Support Guidelines you used to arrive at the amount and form of child support you proposed in your response to the preceding Interrogatory.
RESPONSE:
INTERROGATORY NO. 16: State the proportion of your children’s uninsured medical, dental, orthodontic, pharmaceutical, and psychological expenses that you believe your spouse should be responsible for paying.
RESPONSE:
REQUEST FOR ADMISSION NO. 5: Admit that you are not engaged in any business relationship, either solely or jointly with others.
RESPONSE:
INTERROGATORY NO. 17: If your response to any of the Requests for Admission set forth within these discovery requests are anything other than an unqualified admission, please explain.
RESPONSE:
INTERROGATORY NO. 18: List all lay witnesses you intend to call at the time of trial and give their address, phone number, occupation, and a brief statement summarizing their anticipated testimony.
RESPONSE:
INTERROGATORY NO. 19: State the name, address, telephone number, and occupation of each expert witness you expect to call to testify, either in person or by deposition, as an expert witness at any trial in this matter, and provide the following information with regard to each such expert witness:
a. The subject matter to which the expert is expected to testify;
b. The substance of facts to which the expert is expected to testify;
c. The substance of opinions to which the expert is expected to testify;
d. A summary of the grounds for each opinion to which the expert is expected to testify;
e. Whether the expert has prepared or submitted any written reports or memoranda regarding the subject matter of the expected testimony;
f. Whether the expert has prepared or submitted a resume or curriculum vitae which summarize the training, background, and experience.
RESPONSE:
REQUEST FOR PRODUCTION NO. 19: Please produce a copy of any reports, written memoranda, resume, or curriculum vitae identified in response to the preceding Interrogatory.
RESPONSE:
REQUEST FOR PRODUCTION NO. 20: Please produce a copy of all exhibits you intend to use at trial.
RESPONSE:
INTERROGATORY NO. 20: State your current or former highest rank and pay grade in the military as well as your job title(s), training received, length of military service, service characterization of discharge (if discharged from the military) .
RESPONSE:
REQUEST FOR PRODUCTION NO. 21: Please produce a copy of your DD 214 (if discharged from the military), personnel information folder, training certificates, promotion orders, annual military evaluation reports, any and all military adverse actions against you including court-martial(s), Article 15 actions, and administrative demotions or letters of counseling, and copies of your last two (2) years of Leave and Earning Statements (LESs).
RESPONSE:
REQUEST FOR PRODUCTION NO. 22: Please produce a copy of the entire case file including, but not limited to, charging documents, pleadings, court minutes, hearing transcripts, orders and any other documentation related to your pending criminal case that was referred to Veterans’ Court in Cascade County.
RESPONSE:
DATED
Respectfully submitted,
By:
________________________________
Chelsie Lael Kennedy
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