215 depositionnotice citycorinth rule30(b)(6) kmart by Milton Sandy

Case: 1:11-cv-00103-GHD-DAS Doc #: 215 Filed: 08/21/13 1 of 5 PageID #: 1353

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 NOTICE OF RULE 30(B)(6) DEPOSITION OF THE CITY OF CORINTH TO:

The City of Corinth Through its Counsel of Record, Terry D. Little, Esq. Daniel Coker Horton & Bell 265 North Lamar Boulevard Oxford, MS 38655-1396

PLEASE TAKE NOTICE that Plaintiff, Kmart Corporation, will take the corporate deposition of The City of Corinth, 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 26, 2013 at 10:00 a.m. at the law offices of Daniel Coker Horton & Bell, 265 North Lamar Boulevard, Oxford, Mississippi, 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), The City of Corinth, shall designate a witness or witnesses competent to testify regarding the areas of inquiry set forth in Exhibit “A.”

Case: 1:11-cv-00103-GHD-DAS Doc #: 215 Filed: 08/21/13 2 of 5 PageID #: 1354

/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. August 21, 2013 /s/ Ryan O. Luminais __________________________________________ RYAN O. LUMINAIS

Case: 1:11-cv-00103-GHD-DAS Doc #: 215 Filed: 08/21/13 3 of 5 PageID #: 1355

EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS 1.

Any information regarding the flood maps and regulations involving the City of Corinth and/or Alcorn County, Mississippi from 1980 to present.

Any information regarding the floodways and/or floodplains in the City of Corinth and/or Alcorn County, Mississippi from 1980 to present.

Any information regarding all flood insurance studies involving the City of Corinth and/or Alcorn County, Mississippi from 1980 to present.

Any information regarding all Flood Insurance Rate Maps for the City of Corinth and/or Alcorn County, Mississippi from 1980 to present.

Any information regarding any knowledge of the existence of any brush and/or vegetation in Elam Creek and/or any other creeks or tributaries in the City of Corinth from 1990 to present.

Any information regarding any complaints regarding the existence of any brush and/or vegetation in Elam Creek and/or any other creeks or tributaries in the City of Corinth from 1990 to present.

Any information regarding any debris and/or blockage at the Kansas City Southern Railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.

Any information regarding any complaints regarding any debris and/or blockage at the Kansas City Southern Railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.

Case: 1:11-cv-00103-GHD-DAS Doc #: 215 Filed: 08/21/13 4 of 5 PageID #: 1356 Â

Any information regarding any debris and/or blockage at any Kansas City Southern Railway underpass and/or bridge located near the Kmart store in Corinth, Mississippi that is the subject of this litigation.

10.

Any information regarding any communications with The Kroger Co. or any of its representatives from 1994 to present regarding any drainage, flooding, and/or high water issues in Corinth, Mississippi.

11.

Any information regarding any communications with Fulton Improvements, LLC, DLC Management Corporation, or any of its representations from 2007 to present regarding any drainage, flooding, and/or high water issues in Corinth Mississippi.

12.

Any information regarding any communications with E&A Southeast Limited Partnership, its predecessors, and/or representatives from 1998 to 2007 regarding any drainage, flooding, and/or high water issues in Corinth, Mississippi.

13.

Any information regarding the regularity and/or frequency of flooding events in Corinth, Mississippi.

14.

Any information regarding the causes of flooding in Corinth, Mississippi from 1991 to present.

15.

Any information regarding the letter of map revision and/or amendment related the Kroger Store and/or any other building, improvement, and/or structure located at premises that are the subject of this litigation.

16.

Any information regarding the difference between floodways and floodplains and construction of any buildings, improvements, or encroachments in any floodways and/or floodplains.

Case: 1:11-cv-00103-GHD-DAS Doc #: 215 Filed: 08/21/13 5 of 5 PageID #: 1357 Â

17.

Any information regarding any communications between the City of Corinth and Milton Sandy, Jr. regarding any causes of flooding in Corinth, Mississippi.