Case: 1:11-cv-00103-GHD-DAS Doc #: 205 Filed: 08/06/13 1 of 8 PageID #: 1291
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants RE-NOTICE OF CORPORATE DEPOSITION OF FULTON IMPROVEMENTS, LLC TO:
Fulton Improvements, LLC Through its Counsel of Record, Mr. Gerald Jacks and Ms. Jamie F. Jacks Jacks, Adams, & Norquist, P.A. 150 North Sharpe Avenue Cleveland, Mississippi 38732
PLEASE TAKE NOTICE that Plaintiff, Kmart Corporation, will take the corporate deposition of Defendant, Fulton Improvements, LLC pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, on the issues and subject matter set forth herein. This deposition will take place on August 14, 2013 at 10:00 a.m. at the law offices Jacks, Adams, & Norquist, P.A., 150 North Sharpe Avenue, Cleveland, Mississippi 38732 and will be continued day-to-day until completed. The deposition will be for all purposes, including use at trial, pursuant to the Federal Rules of Civil Procedure, before a court reporter or other official duly authorized to administer oaths and record oral testimony.
You are invited to attend and participate as you deem
appropriate. Pursuant to Federal Rule of Civil Procedure 30(b)(6), Fulton Improvements, LLC, shall designate a witness or witnesses competent to testify regarding the areas of inquiry set forth in Exhibit “A.”
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/s/ Ryan O. Luminais
__________________________________________ JAMES M. GARNER (La. Bar. No. 19589) JOHN T. BALHOFF, II (La. Bar. No. 24288) RYAN O. LUMINAIS (Miss. Bar. No. 101871) SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street, Twenty-eighth Floor New Orleans, Louisiana 70112 Telephone: (504) 299-2100 Facsimile: (504) 299-2300 ATTORNEYS FOR KMART CORPORATION CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been served on all known counsel of record with the Clerk of Court using the CM/ECF system which will automatically send e-mail notification to all known counsel of record. Aug. 6, 2013 /s/ Ryan O. Luminais ___________________________________________ RYAN O. LUMINAIS
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EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS “FULTON” means Fulton Improvements, LLC, its representatives, agents, management companies, directors, officers, employees, independent contractors, or anyone else answering or speaking on its behalf. “KMART” means Kmart Corporation, its parent, affiliated, and/or related companies, directors, officers, employees, independent contractors, or anyone else answering or speaking on its behalf. “PREMISES” means the land, roadways, buildings, improvements, and/or structure associated with the shopping center in Corinth, Mississippi on Highway 72 W that is currently occupied by KMART and Kroger Co. Lease 1.
Any information regarding the terms, provisions, and conditions of the lease between FULTON and KMART.
2.
Any information regarding FULTON’s obligations under the terms, provisions, and conditions of the lease between FULTON and KMART.
3.
Any information regarding FULTON’s understanding of the facts and circumstances surrounding the original lease between KMART and Fulton Crossing, Ltd.
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4.
Any information regarding FULTON’s understanding of the facts and circumstances surrounding the location, design, development, construction, and building of the PREMISES.
5.
Any information regarding FULTON’s purchase and/or acquisition of the PREMISES.
6.
Any information regarding all due diligence performed by FULTON related to all leases, contracts, agreements, buildings, structures, improvements, and/or other assets and liabilities associated with the PREMISES.
7.
Any information regarding the terms, provisions, and conditions of FULTON’s lease with any other tenant and/or lessee at the PREMISES.
8.
Any information regarding FULTON’s obligations under all leases associated with the PREMISES, including, without limitation, its lease with Kroger Co.
9.
Any information regarding any comments, complaints, disputes, or conversations by any tenant of the PREMISES to FULTON or its representatives regarding any repairs or restoration of the PREMISES and/or the condition or maintenance thereof.
Management of the PREMISES 10.
Any information regarding the terms, provisions, and conditions of any management agreement between FULTON and DLC Management or any other company related to the PREMISES.
11.
Any information regarding all efforts, actions, and/or measures taken and/or employed by DLC Management, or any other management company on behalf of
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FULTON, related to the May 2010 flooding event or any other flooding event at the PREMISES. 12.
Any information regarding all oral or written communications between FULTON and/or DLC Management, or any other management company on behalf of FULTON, related to the May 2010 flooding event or any other flooding event at the PREMISES.
13.
Any information regarding all protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by DLC Management, or any other management company on behalf of FULTON, to mitigate and/or avoid any water and/or flood damage to the PREMISES.
14.
Any information regarding flooding at any during FULTON’s ownership of the PREMISES, including, without limitation, the May 2010 flooding event.
Letter of Map Revision/Amendment 15.
Fulton’s knowledge, awareness, and/or understanding of the facts and circumstances related to any letter of map revision and/or amendment related the Kroger Store and/or any other building, improvement, and/or structure located at the PREMISES.
16.
All communications between FULTON, the City of Corinth, and/or the Federal Emergency Management Agency regarding any flooding and/or water related events in or around Corinth, Mississippi.
17.
FULTON’s knowledge and/or understanding as to the location of the PREMISES, its susceptibility to flood and/or water damage, and/or any prior flooding and/or water damage at the PREMISES. 5
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Protective and Safeguard Measures 18.
Any information regarding all protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by FULTON to mitigate and/or avoid any water and/or flood damage to the PREMISES.
19.
Any information regarding all protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by FULTON to mitigate and/or avoid any fire, wind, or other casualty damage to the PREMISES.
20.
All contractors, subcontractors, consultants, and/or other persons or companies that FULTON communicated with to mitigate and/or avoid any flood, water, wind, fire, and/or other casualty damage to the PREMISES.
21.
The costs, time, and/or effort to research, employ, and/or utilize any protective, safeguard, and/or emergency measure to mitigate and/or avoid any flood and/or water damage to the PREMISES.
22.
All protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by FULTON to mitigate and/or avoid any fire, wind, flood, water, or other casualty damage to any property that it owns and/or leases, not limited to the PREMISES.
Flood and/or Water Mitigation Measures 23.
All actions, efforts, and/or measures taken and/or contemplated by FULTON, including any omissions, to repair, remediate, restore, and/or rebuild the PREMISES following the May 2010 flood event or any other flooding event.
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24.
All expenses, fees, and/or charges incurred by FULTON to repair, remediate, restore, and/or rebuild the PREMISES following the May 2010 flooding event or any other flooding event.
25.
Any information regarding all contractors, subcontractors, consultants, specialists, and/or other persons or entities retained by FULTON to repair, remediate, restore, and/or rebuild the PREMISES following the May 2010 flood event or any other flooding event.
26.
The timing, schedule, and calendar of all actions, efforts, and/or measures taken by FULTON to repair, remediate, restore, and/or rebuild the PREMISES following the May 2010 flooding event or any other flooding event.
Communications 27.
All oral or written communications between KMART and FULTON related to the May 2010 flooding event or any other flooding event at the PREMISES.
28.
All oral or written communications between FULTON, the City of Corinth, E&A Southeast Limited Partnership, Kansas City Southern Railway Company, the Federal Emergency Management Agency, and/or any other person prior to the commencement of this litigation related to the May 2010 flooding event or any other flooding event at the PREMISES.
Litigation 29.
Any information regarding all documents produced by FULTON or any other party in this litigation.
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30.
Any information regarding any expert witnesses retained by FULTON in defense of KMART’s claims in this litigation.
31.
Any information regarding FULTON’s understanding of all claims asserted against it by KMART in this litigation.
32.
The identities of any person with discoverable knowledge in this litigation.
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