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ELECTRONICALLY FILED
Washington County Circuit Court
Kyle Sylvester, Circuit Clerk
2023-Sep-15 13:43:45
72CV-23-1566
C04D01 : 4 Pages
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
CIVIL DIVISION
ICE QUEEN, LLC;
BRANDON LACY; and MEGAN HENRY PLAINTIFFS
Vv Case No. 72CV-23-1566-2
RICHARD JOHNSON DEFENDANT
RESPONSE TO PLAINTIFFS’ MOTION TO COMPEL DISCOVERY
Comes now the Defendant, Richard Johnson, and for his Response to Plaintiffs’ Motion to
Compel Discovery, states and alleges as follows:
1 Defendant admits the allegations of paragraph number 1. Plaintiffs’ First Set of
Interrogatories and Requests for Production of Documents propounded on July 7, 2023, consisted
of 75 Interrogatories with 68 separate discreet sub parts and 80 Requests for Production of
Documents. On July 7, 2023, the Plaintiffs also propounded 50 Requests for Admission of Fact.
2. Defendant admits the allegations of paragraph 2 of the Motion.
3 Defendant admits the allegations of paragraph 3 of the Motion.
4 Defendant admits the allegations of paragraph 4 of the Motion. Defendant further
states that defense counsel has been in the process of supplementing discovery responses.
5 The allegations of paragraph number 5 were correct when written, but defense counsel
has provided additional information to the Plaintiff as late as yesterday. Defense counsel provided
yesterday certain documents and provided detailed explanations as to Plaintiffs’ complaints
contained in their August 10, 2023, letter.
6 Defendant denies that Plaintiffs are entitled to an order compelling discovery.
7 a. As to Request for Production No. 3, Defendant has provided the information
requested and did so some time ago. Defendant will file a formal supplemental discovery response
to formalize the production of documents which have already been produced.
b. Prior to this acting being filed, Plaintiffs and their realtor should have had access to
the engineering files. The engineering files were voluminous, and Defendant took the files to
Southern Reprographics, Inc., 2905 North Point Circle, Fayetteville, Arkansas, where they were
uploaded in digital format. Defendant advised Ronnie Davidson that the documents were available
at Southern Reprographics and that Plaintiffs could access them there. Defendant cannot certify that
Ronnie Davidson relayed this information to Plaintiffs’ real estate agent, but the information
requested is at Southern Reprographics and has been there available to Plaintiffs for months.
Cc. Like the engineering files, the blueprints related to the building are available to
Plaintiffs at Southern Reprographics and have been available there for months. Aside from that fact,
it is difficult to imagine what relevance the building blueprints have to this litigation. If Plaintiffs
are successful in this litigation, then having access to the blueprints would be convenient as far as
any modification or other use of the building, but at this point the blueprints relating to the building
are totally irrelevant and not calculated to lead to the discovery of relevant evidence.
d The invoice from Bates Engineering was provided to Plaintiffs yesterday.
e. Plaintiffs’ request for all flights Defendant took from March 20, 2023, until May 25,
2023, is not calculated to lead to the discovery of admissible evidence. As stated, Defendant had
access to flights to NW Arkansas Regional Airport every day of the week, and if Plaintiffs had been
ready to close on May 12, 2023, Defendant could easily have been present for the closing. Despite
Plaintiffs’ intrusive and irrelevant request, Defendant has provided the information requested.
f. Defendant objects to signing a blanket cell phone authorization for the Plaintiffs.
Who Defendant calls or receives calls from and when those calls are sent or received is totally
irrelevant. Despite that fact, Defendant has supplied copies of his cell phone billing for the relevant
time period with the identity of the party to whom Defendant talked redacted, except for all calls to
or from Ronnie Davidson and Bates Engineering. As Ronnie Davidson and Bates Engineering are
the only persons to whom Defendant conversed regarding the transaction, those are the only ones
that are relevant or calculated to lead to the discovery of relevant evidence.
g Once again, Plaintiffs seek information which is private and has no relevance to any
issue in this case, nor is the requested information likely to lead to the discovery of relevant
evidence. In spite of that fact, Defendant has supplied the requested information.
h. Defendant has supplied the requested information.
8 Defendant admits that Plaintiffs’ served their Second Set of Interrogatories and
Requests for Production on July 20, 2023.
9 Defendant admits the allegations of paragraph 9 and states that the Defendant’s
responses to the First Set of Interrogatories and Requests for Production of Documents have been
verified, and the responses to the Second Set will be verified soon.
10. Defendant has verified the First Set and will verify the Second Set.
11. Defendant admits that Plaintiffs’ counsel wrote a three and a half page letter setting
forth Plaintiffs’ counsel’s complaints about the First Set of Interrogatories and Requests for
Production of Documents. Defendant cannot agree that Plaintiffs have made a good faith attempt
to resolve discovery issues.
WHEREFORE, Defendant prays that Plaintiffs’ Motion to Compel be denied, for his costs
herein expended, and for all other proper relief.
Respectfully submitted,
RIC. HNSO) efen
By:
Svan E. Vowell, AR 75134
AYLOR LAW PARTNERS, LLP
P.O. Box 8310
Fayetteville, AR 72703
(479) 443-5222
(479) 443-7842 fax
vowell@taylorlawpartners.com
CERTIFICATE OF SERVICE
I, Stevan E. Vowell, do hereby certify that on the [ S$ day of September, 2023, I filed a copy
of the foregoing Response to Motion to Compel through the Court’s electronic filing system, which
will give notice of such filing to all attorneys of record.
f (ine bhai
StefanE. Vowell
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ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-Sep-15 13:43:45 72CV-23-1566 C04D01 : 4 Pages IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS CIVIL DIVISION ICE QUEEN, LLC; BRANDON LACY; and MEGAN HENRY PLAINTIFFS Vv Case No. 72CV-23-1566-2 RICHARD JOHNSON DEFENDANT RESPONSE TO PLAINTIFFS’ MOTION TO COMPEL DISCOVERY Comes now the Defendant, Richard Johnson, and for his Response to Plaintiffs’ Motion to Compel Discovery, states and alleges as follows: 1 Defendant admits the allegations of paragraph number 1. Plaintiffs’ First Set of Interrogatories and Requests for Production of Documents propounded on July 7, 2023, consisted of 75 Interrogatories with 68 separate discreet sub parts and 80 Requests for Production of Documents. On July 7, 2023, the Plaintiffs also propounded 50 Requests for Admission of Fact. 2. Defendant admits the allegations of paragraph 2 of the Motion. 3 Defendant admits the allegations of paragraph 3 of the Motion. 4 Defendant admits the allegations of paragraph 4 of the Motion. Defendant further states that defense counsel has been in the process of supplementing discovery responses. 5 The allegations of paragraph number 5 were correct when written, but defense counsel has provided additional information to the Plaintiff as late as yesterday. Defense counsel provided yesterday certain documents and provided detailed explanations as to Plaintiffs’ complaints contained in their August 10, 2023, letter. 6 Defendant denies that Plaintiffs are entitled to an order compelling discovery. 7 a. As to Request for Production No. 3, Defendant has provided the information requested and did so some time ago. Defendant will file a formal supplemental discovery response to formalize the production of documents which have already been produced. b. Prior to this acting being filed, Plaintiffs and their realtor should have had access to the engineering files. The engineering files were voluminous, and Defendant took the files to Southern Reprographics, Inc., 2905 North Point Circle, Fayetteville, Arkansas, where they were uploaded in digital format. Defendant advised Ronnie Davidson that the documents were available at Southern Reprographics and that Plaintiffs could access them there. Defendant cannot certify that Ronnie Davidson relayed this information to Plaintiffs’ real estate agent, but the information requested is at Southern Reprographics and has been there available to Plaintiffs for months. Cc. Like the engineering files, the blueprints related to the building are available to Plaintiffs at Southern Reprographics and have been available there for months. Aside from that fact, it is difficult to imagine what relevance the building blueprints have to this litigation. If Plaintiffs are successful in this litigation, then having access to the blueprints would be convenient as far as any modification or other use of the building, but at this point the blueprints relating to the building are totally irrelevant and not calculated to lead to the discovery of relevant evidence. d The invoice from Bates Engineering was provided to Plaintiffs yesterday. e. Plaintiffs’ request for all flights Defendant took from March 20, 2023, until May 25, 2023, is not calculated to lead to the discovery of admissible evidence. As stated, Defendant had access to flights to NW Arkansas Regional Airport every day of the week, and if Plaintiffs had been ready to close on May 12, 2023, Defendant could easily have been present for the closing. Despite Plaintiffs’ intrusive and irrelevant request, Defendant has provided the information requested. f. Defendant objects to signing a blanket cell phone authorization for the Plaintiffs. Who Defendant calls or receives calls from and when those calls are sent or received is totally irrelevant. Despite that fact, Defendant has supplied copies of his cell phone billing for the relevant time period with the identity of the party to whom Defendant talked redacted, except for all calls to or from Ronnie Davidson and Bates Engineering. As Ronnie Davidson and Bates Engineering are the only persons to whom Defendant conversed regarding the transaction, those are the only ones that are relevant or calculated to lead to the discovery of relevant evidence. g Once again, Plaintiffs seek information which is private and has no relevance to any issue in this case, nor is the requested information likely to lead to the discovery of relevant evidence. In spite of that fact, Defendant has supplied the requested information. h. Defendant has supplied the requested information. 8 Defendant admits that Plaintiffs’ served their Second Set of Interrogatories and Requests for Production on July 20, 2023. 9 Defendant admits the allegations of paragraph 9 and states that the Defendant’s responses to the First Set of Interrogatories and Requests for Production of Documents have been verified, and the responses to the Second Set will be verified soon. 10. Defendant has verified the First Set and will verify the Second Set. 11. Defendant admits that Plaintiffs’ counsel wrote a three and a half page letter setting forth Plaintiffs’ counsel’s complaints about the First Set of Interrogatories and Requests for Production of Documents. Defendant cannot agree that Plaintiffs have made a good faith attempt to resolve discovery issues. WHEREFORE, Defendant prays that Plaintiffs’ Motion to Compel be denied, for his costs herein expended, and for all other proper relief. Respectfully submitted, RIC. HNSO) efen By: Svan E. Vowell, AR 75134 AYLOR LAW PARTNERS, LLP P.O. Box 8310 Fayetteville, AR 72703 (479) 443-5222 (479) 443-7842 fax vowell@taylorlawpartners.com CERTIFICATE OF SERVICE I, Stevan E. Vowell, do hereby certify that on the [ S$ day of September, 2023, I filed a copy of the foregoing Response to Motion to Compel through the Court’s electronic filing system, which will give notice of such filing to all attorneys of record. f (ine bhai StefanE. Vowell