Case: 1:11-cv-00103-GHD-DAS Doc #: 217 Filed: 08/27/13 1 of 6 PageID #: 1360
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 CORPORATE DEPOSITION OF KANSAS CITY SOUTHERN RAILWAY COMPANY TO:
Kansas City Southern Railway Company Through its Counsel of Record, Mr. Charles E. Ross Mrs. Linda Cooper Wise Carter Child & Caraway, P.A. 401 E. Capitol Street Jackson, Mississippi 39201
PLEASE TAKE NOTICE that Plaintiff, Kmart Corporation, will take the corporate deposition of Defendant, Kansas City Southern Railway Company, 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 28, 2013 at 10:00 a.m. at the law offices of Wise Carter Child & Caraway, P.A., 401 E. Capitol Street, Jackson, Mississippi
39201, 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.
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Pursuant to Federal Rule of Civil Procedure 30(b)(6), Kansas City Southern Railway Company shall designate a witness or witnesses competent to testify regarding the areas of inquiry set forth in Exhibit “A.”
/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 27, 2013 /s/ Ryan O. Luminais ___________________________________________ RYAN O. LUMINAIS
Case: 1:11-cv-00103-GHD-DAS Doc #: 217 Filed: 08/27/13 3 of 6 PageID #: 1362 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS
“KCSR” means Kansas City Southern Railway Company, its representatives, agents, , directors, officers, employees, independent contractors, or anyone else working, 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. Condition of Railway Underpass and/or Bridge
1.
Any information regarding all maintenance, inspections, evaluations, studies, repairs, restoration, construction, photographs or any other work performed and/or taken by KCSR from May 1, 2005 to May 4, 2010 of the area near its railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
2.
Any information regarding all maintenance, inspections, evaluations, studies, repairs, restoration, construction, photographs, or any other work performed and/or taken by KCSR from May 2, 2010 to present of the area near its railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
3.
Any information regarding KCSR’s general history of maintenance, inspections, evaluations, studies, repairs, restoration, construction, photographs, or any work
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that it performed by the area near its railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where the its line crosses Elam Creek. 4.
Any information regarding all logs, journals, reports, or other records of all maintenance, inspections, evaluations, studies, repairs, restoration, construction, photographs, or any other work performed and/or taken by KCSR from May 1, 2005 to May 4, 2010 of the area near its railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
5.
Any information regarding all logs, journals, reports, or other records of all maintenance, inspections, evaluations, studies, repairs, restoration, construction, photographs, or any other work performed and/or taken by KCSR from May 2, 2010 to present of the area near its railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
6.
Any information regarding when KCSR being preparing, taking, and/or keeping logs, journals, reports, or other records of the area near its railway underpass and/or bridge located at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
7.
Any information regarding all debris clearing, vegetation clearing, or all other work performed by KCSR from May 1, 2005 to May 4, 2010 of the area near its railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where its line Elam Creek.
8.
Any information regarding all debris clearing, vegetation clearing, or all other work performed by KCSR from May 2, 2010 to present of the area near its
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railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where its line Elam Creek. 9.
Any information regarding KCSR’s general history of any debris and/or vegetation clearing of the area near its railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
10.
Any information regarding KCSR’s policies, procedures, and guidelines as to maintenance, inspections, evaluations, studies, repairs, restoration, or any other work related to its railway underpasses and/or bridges.
11.
Any information regarding all federal, state, and/or local regulations, codes, statutes, or laws in which KCSR must comply with and/or is subjected to in connection with any maintenance, inspection, repair, restoration, construction, or any other work related to its railway underpasses and/or railway bridges.
12.
Any information regarding KCSR’s knowledge prior to the May 2, 2010 flood event of the condition of the area near its railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek.
13.
Any information regarding any past complaints, violations, disputes, or other discussions (verbal or written) with anyone regarding the condition of the area near its railway underpass and/or bridge at or near Milepost 328.10 in Corinth, Mississippi where its line crosses Elam Creek or any of its other lines, underpasses, bridges, or crossings.
14.
Any information regarding KCSR’s understanding of all factors, variables, or causes of the regular flooding in the area near Corinth, Mississippi.
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Litigation 15.
Any information regarding all documents produced by KCSR or any other party in this litigation.
16.
Any information regarding any expert witnesses retained by KCSR, whether jointly or alone, in defense of KMART’s claims in this litigation.
17.
Any information regarding KCSR’s understanding of all claims asserted against it by KMART in this litigation.
18.
Any information regarding KCSR’s affirmative defenses asserted in response to KMART’s complain in this litigation.
19.
The identities of any person with discoverable knowledge in this litigation.
20.
All oral and/or written communications between KROGER, FULTON, the City of Corinth, E&A Southeast Limited Partnership, KCSR, 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.