Preview
Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
From: Jason Storck
To: Bozana L. Lundberg
Ce: Dick Benson; Darrell A. Clay; Aimee W. Lane; Stephen L. Byron
Subject: Re: City of Wooster v. Pooler (Case No. 13-cv-0657)
Date: Tuesday, June 03, 2014 3:46:26 PM
Attachments: 7 = Re Fi very pdt
Ms. Lundberg:
Please see the attached responses of Defendant Pooler to the First Set of
Interrogatories and the First Request for the Production of Documents of the City.
Let me know if the file size is a problem and I can break it up, if you need.
Also, let me know if you want a hard copy or if this will do. I am trying to keep
things as paperless as possible, but if you have a need for a hard copy for some
reason I can get one to you on Thursday, if you like.
Jason Storck
Storck Law Office Ltd.
P.O. Box 1023
Wooster, OH 44691
(330) 263-0006 / FAX (330) 263-0009
www storcklawoftice,com
NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged by law. It is
not intended for transmission to, or receipt by, any unauthorized persons.
If you have received this electronic mail transmission in error, please delete it from your system without copying it, and
notify the sender whose contact information is above.
IRS Circular 230 Disclosure. To ensure compliance with requirements imposed by the IRS, please be informed that: To the
extent that this communication and any attachments contain any federal tax advice, such advice is not intended or written to
be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or
promoting, marketing, or recommending to another person any transaction, arrangement or matter addressed herein.
On Jun 2, 2014, at 3:34 PM, Bozana L. Lundberg
wrote:
Dear Mr. Storck,
Please see the attached letter | am mailing to you today regarding our outstanding
discovery requests to your client.
Sincerely,
BoZana Lazié Lundberg
Attorney
IRS RULES OF PRACTICE REQUIR TO THE EXTENT THISFiled on 06/30/2014 at 03:47 PM in Wayne County, Ohio
IN THE COURT OF COMMON PLEAS
WAYNE COUNTY, OHIO
THE CITY OF WOOSTER, OHIO : CASE NO. 13-CV-0657
EX REL RICHARD R. BENSON JR. :
LAW DIRECTOR : JUDGE SPITLER
Plaintiff,
: DEFENDANT POOLER’S RESPONSE
vs. : TO THE FIRST SET OF
: INTERROGATORIES AND FIRST
JAMES N. POOLER : REQUEST FOR PRODUCTION OF
: DOCUMENTS OF THE CITY OF
Defendant. : WOOSTER
Pursuant to the Ohio Rules of Civil Procedure, Defendant James Pooler hereby submits his
responses to the First Set of Interrogatories and and First Request for Production of
Documents of the City of Wooster. Defendant Pooler acknowledges his responsibility to
supplement these responses and reserves his right thereto.
ral Objection:
Defendant Pooler objects to the First Set of Interrogatories and and First Request
for Production of Documents of the City of Wooster, generally, as they seek information
protected by attorney/client privilege and/or are work product.
Defendant Pooler also objects to the First Set of Interrogatories and and First
Request for Production of Documents of the City of Wooster as they seek information not
related to the litigation at issue in this case and not reasonably calculated to lead to the
discovery of admissible evidence.
Defendant Pooler reserves the right to object to the competency, foundation
materiality, relevance or admissibility of any information provided in response to the below.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
Without waiving said general objections, Defendant Pooler responds to the First Set
of Interrogatories and and First Request for Production of Documents of the City of
Wooster as follows:
R he First Set of | .
Interrogatory No. 1:
State the address of your residence in the City of Wooster.
Answer:
1814 Burbank Rd.
Interrogatory No. 2:
State whether it is your position that the phrase “public services” in Ordinance § 1173.09
only includes services provided by the City of Wooster (i.e., it does not include services
provided by other public entities such as the Wooster City School District).
Answer:
Objection: Calls for legal conclusion and analysis. Without waiving said objection, the
Defendant/Counterclaim Plaintiff would refer the Plaintiff/Counterclaim Defendant to
O.R.C. §735.02 and indicate that his position is that “public services”, as used in
Codified Ordinance §1173.09, refers only to services provided by the City.
Interrogatory No, 3:
State whether you or someone in your household owns a cell phone and the cellular
service provider for each cell phone.
Answer:
No cell phones owned by any members of the household.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
Interrogatory No. 4:
Identify all public meetings you have attended regarding the Layton Property.
Answer:
The Defendant/Counterclaim Plaintiff attended various regularly scheduled meetings of
the City Council of the City of Wooster in the fall of 2013. The Defendant/Counterclaim
Plaintiff also attended the only public meeting specifically related to the Layton Property,
a meeting held on October 15", 2013.
Interrogatory No. 5:
State the basis for your position that the City of Wooster does not need a water tower in
the intermediate pressure zone.
Answer:
Objection: Calls for legal conclusion and analysis as well as requiring a narrative
response. Without waiving said objection the Defendant/Counterclaim Plaintiff has never
asserted that the City of Wooster does not need a water tower in the intermediate
pressure zone.
Interrogatory No. 6:
Identify any expert witness you intend to rely on at the trial of this matter.
Answer:
None at this time. Will supplement, as needed.
Identify and summarize any communications between you and any cellphone service
providers regarding the subject matter of this litigation.
Answer:
No discussions with any cellphone service providers regarding the subject matter of this
litigation.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
for i ni
No. 1:
Produce any documents regarding Chapter 1173 of the Codified Ordinances of the City
of Wooster.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City or have been previously
provided to the City and, thus, are already in the custody and possession of the Plaintiff/
Counterclaim Defendant.
Document Request No. 2:
Produce any documents regarding the Layton Property.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. This request is also unduly
burdensome and over-broad. Without waiving said objection, please see the attached
documents bates numbered 1-55.
Document Request No. 3:
Produce any documents regarding the wireless telecommunications tower proposed to
be built at the Layton Property.
re
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
Ri No. 4:
Produce any documents regarding Ordinance § 1173.09 of the Codified Ordinances of
the City of Wooster.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.
Produce any documents regarding the existing water tower located at the Wooster
Community Hospital.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.
Produce any documents regarding the water tower proposed to be built at the Layton
Property.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.
z:
Produce any documents containing or memorializing any communications between you
and any third party regarding the subject matter of this litigation.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.
8:
Produce any documents containing or memorializing any communications between you
and any employee of the City of Wooster regarding the subject matter of this litigation.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, that have not been produced in response to another request
contained herein or that are currently in the custody and control of the City.
Document Request No. 9:
Produce any documents containing or memorializing any communications between you
and any cellphone service providers regarding the subject matter of this litigation.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.
Document Request No. 10:
Produce any document, including but not limited to expert reports and evaluation,
whether prepared by an expert or not, you intend on introducing at trial or any hearing
in this matter, as evidence, as an attachment or exhibit to any dispositive motion, on
rebuttal or for use in cross-examination.
Answer:
None at this time. Will supplement, as needed.
Document Request No. 11:
Produce each and every expert report, opinion, evaluation, etc., whether or not you
plan on introducing those at any trial or hearing herein, which you have had completed,
or which has been completed by someone else on your behalf, or which you know
about, which relates in any way to any issue involved in this case. If you claim an
inability to produce the same, or claim privilege with respect to any such document,
describe each such document in full detail, including the person who prepared it, the
nature of the document, the conclusions of the document, where it currently is, or last
was if you do not know where it is now, and state the reason you claim an inability to
produce same or any privilege that attaches thereto.
Answer:
Objection: This request is so broad and far ranging as to encompass materials that are
subject to attorney/client privilege and/or are work product. Without waiving said
objection, the Defendant/Counterclaim Plaintiff has no such documents in his
possession, other than those subject to attorney/client privilege or that are work product,
that have not been previously provided to him by the City, that have not been previously
provided to the City, or that have not been produced in response to another request
contained herein.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
As to Objections and
Respectfully Submitted,
/s/Jason M. Storck
Jason M. Storck (0077071)
Storck Law Office Ltd.
P.O. Box 1023
Wooster, OH 44691
(330) 263-0006 - Phone
(830) 263-0009 - Fax
jasonstorck@storcklawoffice.com
Attorney for Defendant
Certificate of Servi
| hereby certify that a true and accurate copy of the above, along with all exhibits or
attachments thereto, was served upon the following this 3° day of June, 2014 by
electronic mail, as per Rule 5(B)2(f) of the Ohio Rules of Civil Procedure:
Richard R. Benson Jr.
Director of Law
City of Wooster
538 North Market St.
Wooster, Ohio 44691
Stephen L. Byron,
Darrell A. Clay,
Aimee W. Lane, and
Bozana L. Lundgerg
Walter & Haverfield LLP
The Tower at Erieview
1301 East Ninth Street, Suite 3500
Cleveland, Ohio 44114
/s/Jason M, Storck
Jason M. Storck (0077071)Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio
JURAT
STATE OF OHIO )
COUNTY OF. Legit )
| st f ‘col-— . being first duly sworn according to law, states
that his/her responses to the foregoing interrogatories are true based upon his knowledge and
belief.
Subscribed and sworn to before me this 3" day of My . 2014.
Notary Riblic
dos wt ape
Preview
Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio From: Jason Storck To: Bozana L. Lundberg Ce: Dick Benson; Darrell A. Clay; Aimee W. Lane; Stephen L. Byron Subject: Re: City of Wooster v. Pooler (Case No. 13-cv-0657) Date: Tuesday, June 03, 2014 3:46:26 PM Attachments: 7 = Re Fi very pdt Ms. Lundberg: Please see the attached responses of Defendant Pooler to the First Set of Interrogatories and the First Request for the Production of Documents of the City. Let me know if the file size is a problem and I can break it up, if you need. Also, let me know if you want a hard copy or if this will do. I am trying to keep things as paperless as possible, but if you have a need for a hard copy for some reason I can get one to you on Thursday, if you like. Jason Storck Storck Law Office Ltd. P.O. Box 1023 Wooster, OH 44691 (330) 263-0006 / FAX (330) 263-0009 www storcklawoftice,com NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged by law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender whose contact information is above. IRS Circular 230 Disclosure. To ensure compliance with requirements imposed by the IRS, please be informed that: To the extent that this communication and any attachments contain any federal tax advice, such advice is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing, or recommending to another person any transaction, arrangement or matter addressed herein. On Jun 2, 2014, at 3:34 PM, Bozana L. Lundberg wrote: Dear Mr. Storck, Please see the attached letter | am mailing to you today regarding our outstanding discovery requests to your client. Sincerely, BoZana Lazié Lundberg Attorney IRS RULES OF PRACTICE REQUIR TO THE EXTENT THISFiled on 06/30/2014 at 03:47 PM in Wayne County, Ohio IN THE COURT OF COMMON PLEAS WAYNE COUNTY, OHIO THE CITY OF WOOSTER, OHIO : CASE NO. 13-CV-0657 EX REL RICHARD R. BENSON JR. : LAW DIRECTOR : JUDGE SPITLER Plaintiff, : DEFENDANT POOLER’S RESPONSE vs. : TO THE FIRST SET OF : INTERROGATORIES AND FIRST JAMES N. POOLER : REQUEST FOR PRODUCTION OF : DOCUMENTS OF THE CITY OF Defendant. : WOOSTER Pursuant to the Ohio Rules of Civil Procedure, Defendant James Pooler hereby submits his responses to the First Set of Interrogatories and and First Request for Production of Documents of the City of Wooster. Defendant Pooler acknowledges his responsibility to supplement these responses and reserves his right thereto. ral Objection: Defendant Pooler objects to the First Set of Interrogatories and and First Request for Production of Documents of the City of Wooster, generally, as they seek information protected by attorney/client privilege and/or are work product. Defendant Pooler also objects to the First Set of Interrogatories and and First Request for Production of Documents of the City of Wooster as they seek information not related to the litigation at issue in this case and not reasonably calculated to lead to the discovery of admissible evidence. Defendant Pooler reserves the right to object to the competency, foundation materiality, relevance or admissibility of any information provided in response to the below.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio Without waiving said general objections, Defendant Pooler responds to the First Set of Interrogatories and and First Request for Production of Documents of the City of Wooster as follows: R he First Set of | . Interrogatory No. 1: State the address of your residence in the City of Wooster. Answer: 1814 Burbank Rd. Interrogatory No. 2: State whether it is your position that the phrase “public services” in Ordinance § 1173.09 only includes services provided by the City of Wooster (i.e., it does not include services provided by other public entities such as the Wooster City School District). Answer: Objection: Calls for legal conclusion and analysis. Without waiving said objection, the Defendant/Counterclaim Plaintiff would refer the Plaintiff/Counterclaim Defendant to O.R.C. §735.02 and indicate that his position is that “public services”, as used in Codified Ordinance §1173.09, refers only to services provided by the City. Interrogatory No, 3: State whether you or someone in your household owns a cell phone and the cellular service provider for each cell phone. Answer: No cell phones owned by any members of the household.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio Interrogatory No. 4: Identify all public meetings you have attended regarding the Layton Property. Answer: The Defendant/Counterclaim Plaintiff attended various regularly scheduled meetings of the City Council of the City of Wooster in the fall of 2013. The Defendant/Counterclaim Plaintiff also attended the only public meeting specifically related to the Layton Property, a meeting held on October 15", 2013. Interrogatory No. 5: State the basis for your position that the City of Wooster does not need a water tower in the intermediate pressure zone. Answer: Objection: Calls for legal conclusion and analysis as well as requiring a narrative response. Without waiving said objection the Defendant/Counterclaim Plaintiff has never asserted that the City of Wooster does not need a water tower in the intermediate pressure zone. Interrogatory No. 6: Identify any expert witness you intend to rely on at the trial of this matter. Answer: None at this time. Will supplement, as needed. Identify and summarize any communications between you and any cellphone service providers regarding the subject matter of this litigation. Answer: No discussions with any cellphone service providers regarding the subject matter of this litigation.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio for i ni No. 1: Produce any documents regarding Chapter 1173 of the Codified Ordinances of the City of Wooster. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City or have been previously provided to the City and, thus, are already in the custody and possession of the Plaintiff/ Counterclaim Defendant. Document Request No. 2: Produce any documents regarding the Layton Property. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. This request is also unduly burdensome and over-broad. Without waiving said objection, please see the attached documents bates numbered 1-55. Document Request No. 3: Produce any documents regarding the wireless telecommunications tower proposed to be built at the Layton Property. re Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio Ri No. 4: Produce any documents regarding Ordinance § 1173.09 of the Codified Ordinances of the City of Wooster. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein. Produce any documents regarding the existing water tower located at the Wooster Community Hospital. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein. Produce any documents regarding the water tower proposed to be built at the Layton Property. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product,Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein. z: Produce any documents containing or memorializing any communications between you and any third party regarding the subject matter of this litigation. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein. 8: Produce any documents containing or memorializing any communications between you and any employee of the City of Wooster regarding the subject matter of this litigation. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, that have not been produced in response to another request contained herein or that are currently in the custody and control of the City. Document Request No. 9: Produce any documents containing or memorializing any communications between you and any cellphone service providers regarding the subject matter of this litigation.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein. Document Request No. 10: Produce any document, including but not limited to expert reports and evaluation, whether prepared by an expert or not, you intend on introducing at trial or any hearing in this matter, as evidence, as an attachment or exhibit to any dispositive motion, on rebuttal or for use in cross-examination. Answer: None at this time. Will supplement, as needed. Document Request No. 11: Produce each and every expert report, opinion, evaluation, etc., whether or not you plan on introducing those at any trial or hearing herein, which you have had completed, or which has been completed by someone else on your behalf, or which you know about, which relates in any way to any issue involved in this case. If you claim an inability to produce the same, or claim privilege with respect to any such document, describe each such document in full detail, including the person who prepared it, the nature of the document, the conclusions of the document, where it currently is, or last was if you do not know where it is now, and state the reason you claim an inability to produce same or any privilege that attaches thereto. Answer: Objection: This request is so broad and far ranging as to encompass materials that are subject to attorney/client privilege and/or are work product. Without waiving said objection, the Defendant/Counterclaim Plaintiff has no such documents in his possession, other than those subject to attorney/client privilege or that are work product, that have not been previously provided to him by the City, that have not been previously provided to the City, or that have not been produced in response to another request contained herein.Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio As to Objections and Respectfully Submitted, /s/Jason M. Storck Jason M. Storck (0077071) Storck Law Office Ltd. P.O. Box 1023 Wooster, OH 44691 (330) 263-0006 - Phone (830) 263-0009 - Fax jasonstorck@storcklawoffice.com Attorney for Defendant Certificate of Servi | hereby certify that a true and accurate copy of the above, along with all exhibits or attachments thereto, was served upon the following this 3° day of June, 2014 by electronic mail, as per Rule 5(B)2(f) of the Ohio Rules of Civil Procedure: Richard R. Benson Jr. Director of Law City of Wooster 538 North Market St. Wooster, Ohio 44691 Stephen L. Byron, Darrell A. Clay, Aimee W. Lane, and Bozana L. Lundgerg Walter & Haverfield LLP The Tower at Erieview 1301 East Ninth Street, Suite 3500 Cleveland, Ohio 44114 /s/Jason M, Storck Jason M. Storck (0077071)Filed on 06/30/2014 at 03:47 PM in Wayne County, Ohio JURAT STATE OF OHIO ) COUNTY OF. Legit ) | st f ‘col-— . being first duly sworn according to law, states that his/her responses to the foregoing interrogatories are true based upon his knowledge and belief. Subscribed and sworn to before me this 3" day of My . 2014. Notary Riblic dos wt ape