30(b)(6) Deposition Notice

FULTON COUNTY STATE COURT

STATE OF GEORGIA

JANICE C. CLIENT,

Plaintiff,

vs.

REAL ESTATE OWNER DEFENDANT REALTY COMPANY, LLC d/b/a BLACKWATER APARTMENTS, THE REALTY FUND III, L.P. and JOHN DOES 1-5,

Defendants.

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JURY TRIAL DEMANDED

CASE NUMBER: 04-VS-099999-C



AMENDED NOTICE OF 30(b)(6) DEPOSITION

TO: Real Estate Owner Defendant Realty Company, LLC. and The Realty Associates Fund, III, L.P.
c/o William M. Carter
Attorney for Real Estate Owner Defendant and Realty Associates Fund
1700 Atlanta Plaza
950 East Paces Ferry Road
Atlanta, Georgia 30326

PLEASE TAKE NOTICE, pursuant to the Georgia Civil Practice Act and O.C.G.A. § 9-11-30(b)(6), that beginning at 10:00 a.m. on February 6, 2011, at the law offices of Gray, Rust, St. Amand, Moffet & Brieske, LLP, 1700 Atlanta Plaza, 950 East Paces Ferry Road, Atlanta, Georgia 30326, and continuing from hour-to-hour and day to day until adjourned, counsel for Plaintiff shall proceed to take the deposition of the designated representative(s) from Real Estate Owner Defendant Realty Company, LLC., upon oral examination before an officer authorized by law to administer oaths and to take depositions. The deposition will be taken for purposes of use in evidence and cross examination. As such, any and all objections must be made at the time of the deposition. Said representative should have knowledge of the following:

1.

All state and local fire inspections conducted at Blackwater Apartments from 2002 through 2005.

2.

The protocol, decision-making methodology, decision makers and factors considered by REAL ESTATE OWNER DEFENDANT in determining how to address the renovation of the egress ladders at Blackwater Apartments during the period 2002-2005.

3.

Any and all renovations, replacement, repairs, additions, construction, ameliorations, improvements or the like relating to any egress ladders or sliding glass door latches at Blackwater Apartments at any time during which Real Estate Owner Defendant managed that property, including the cost therefor.

4.

Any and all estimates, bids or proposals for renovations, replacement, repairs, additions, construction, ameliorations, improvements or the like relating to any egress ladders or sliding glass door latches at Blackwater Apartments at any time during which Real Estate Owner Defendant managed that property.

5.

The incident involving Delia Carr on February 11, 2009. This incident is referenced in the attached Accident Report attached hereto as Exhibit "A".

6.

The incident involving Janice C. Client on May 13, 2010. This incident is referenced in the attached Accident Report attached hereto as Exhibit "B".

7.

The sale of Blackwater Apartments from The Realty Fund, III.

8.

Any and all incidents, accidents, problems, issues or concerns, whether raised by Real Estate Owner Defendant employees or agents, or by third parties, relating to the egress ladders or sliding glass door latches at Blackwater Apartments at any time Real Estate Owner Defendant managed that property.

9.

Any and all correspondence, memos, emails, electronic communication, recordings, papers or any similar document or records which mentions or relates, in any way, to the egress ladders or sliding glass door latches at Blackwater Apartments at any time Real Estate Owner Defendant managed that property.

Notice to Produce at Deposition

Pursuant to O.C.G.A. § 24-10-26, you are further commanded to bring with you at that time and place the following material which is within your possession, custody or control:

1.

Any and all documents, diagrams, drawings, photographs, pictures, correspondence, memos, email or any other tangible item or communication which relates to or references, in any way, the egress ladders, fire escapes or sliding glass door latches at Blackwater Apartments.

2.

Any and all "Accident Reports" from Blackwater Apartments for the dates inclusive of January 1, 2000 until the sale of the property.

3.

Any and all documents relating to the sale, or listing for sale, of Blackwater Apartments.

4.

All the documents delivered to the attorneys for Real Estate Owner Defendant Realty in relation to the present litigation.

5.

The original of any document previously requested or produced in discovery or that is related to the Plaintiff, or case at issue or that would enable you to answer any question regarding the case at issue.

This _____ day of _________________, 2007.

Respectfully submitted,


________________________
P. Charles Scholle
Attorney for Plaintiffs
Georgia Bar Number 629736

Scholle Law
6340 Sugarloaf Parkway
Suite 200
Duluth, Georgia 30097
(678)775-6830




FULTON COUNTY STATE COURT

STATE OF GEORGIA

JANICE C. CLIENT,

Plaintiff,

vs.

REAL ESTATE OWNER DEFENDANT REALTY COMPANY, LLC d/b/a BLACKWATER APARTMENTS, THE REALTY FUND III, L.P. and JOHN DOES 1-5,

Defendants.

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JURY TRIAL DEMANDED

CASE NUMBER: 09-VS-099999-C



CERTIFICATE OF SERVICE

This is to certify that I have this day served a true and correct copy of the foregoing Notice of 30(b)(6) Deposition by depositing a copy of same via facsimile and in the United States Mail and with adequate postage affixed to insure delivery, addressed as follows:

William Carter
Gray, Rust, St. Amand, Moffet & Brieske
1700 Atlanta Plaza
950 East Paces Ferry Road
Atlanta, Georgia 30326


THIS ____________ DAY OF _________________, _________.



________________________
P. Charles Scholle
Attorney for Plaintiffs
Georgia Bar Number 629736

Scholle Law
6340 Sugarloaf Parkway
Suite 200
Duluth, Georgia 30097
(678)775-6830

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