Case: 1:11-cv-00103-GHD-DAS Doc #: 221 Filed: 09/03/13 1 of 7 PageID #: 1373
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 E&A SOUTHEAST LIMITED PARTNERSHIP TO:
E&A Southeast Limited Partnership Through its Counsel of Record, Mr. Trey Watkins Forman Perry Watkins Krutz & Tardy, LLP City Centre, Suite 100 200 South Lamar Street Jackson, Mississippi 39201
PLEASE TAKE NOTICE that Plaintiff, Kmart Corporation, will take the corporate deposition of Defendant, E&A Southeast Limited Partnership, 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 September 11, 2013 at 10:00 a.m. at the law offices of Forman Perry Watkins Krutz & Tardy, LLP, Jackson, Mississippi 39201, and will be continued day-today 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), E&A Southeast Limited Partnership, 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. September 3, 2013 /s/ Ryan O. Luminais ___________________________________________ RYAN O. LUMINAIS
Case: 1:11-cv-00103-GHD-DAS Doc #: 221 Filed: 09/03/13 3 of 7 PageID #: 1375 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS
“E&A” means E&A Southeast Limited Partnership, 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. “PREMISES” means the land, roadways, buildings, improvements, and/or structures associated with the shopping center in Corinth, Mississippi on Highway 72 W that is currently occupied by KMART and The Kroger Co. Lease 1.
Any information regarding the terms, provisions, and conditions of the lease between E&A and KMART.
2.
Any information regarding E&A’s obligations under the terms, provisions, and conditions of the lease between E&A and KMART.
3.
Any information regarding E&A’s understanding of the facts and circumstances surrounding the original lease between KMART and Fulton Crossing, Ltd.
4.
Any information regarding E&A’s understanding of the facts and circumstances surrounding the location, design, development, construction, and building of the PREMISES.
5.
Any information regarding E&A’s purchase and/or acquisition of the PREMISES.
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6.
Any information regarding all due diligence performed by E&A 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 E&A’s leases with any other tenant and/or lessee at the PREMISES.
8.
Any information regarding E&A’s obligations under all leases associated with the PREMISES, including, without limitation, its lease with The Kroger Co.
9.
Any information regarding any comments, complaints, disputes, or conversations by any tenant of the PREMISES and E&A or its representatives regarding any repairs or restoration of the PREMISES and/or the condition or maintenance thereof.
10.
Any information regarding any comments, complaints, disputes, or conversations by any tenant of the PREMISES to E&A or its representatives related to any flooding, drainage, water, or moisture related problems at the PREMISES.
11.
Any information regarding E&A’s understanding of the factors, variables, and causes of the regular flooding at the PREMISES.
Management of the PREMISES 12.
Any information regarding the terms, provisions, and conditions of any management agreement between E&A and any company related to the PREMISES.
13.
Any information regarding all efforts, actions, and/or measures taken and/or employed by any management company retained by E&A as to any flood event at the PREMISES.
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14.
Any information regarding all oral or written communications between E&A and any management company related to any flood event at the PREMISES.
15.
Any information regarding any flooding or high water events at the PREMISES at any time during E&A’s ownership of the PREMISES.
Letter of Map Revision/Amendment 16.
The facts and circumstances surrounding E&A’s retention of Flood Zone Correction, Inc. in connection with the PREMISES.
17.
Any information regarding all work and services performed by Flood Zone Correction, Inc. for E&A in connection with the PREMISES.
18.
Any information regarding all communications or discussions between E&A and Flood Zone Correction, Inc. in connection with the PREMISES.
19.
E&A’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.
20.
All communications between E&A, the City of Corinth, and/or the Federal Emergency Management Agency regarding any flooding and/or water related events in or around Corinth, Mississippi.
21.
E&A’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.
22.
E&A’s understanding of floodways and floodplains and the differences between them.
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Protective and Safeguard Measures 23.
Any information regarding all protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by E&A to mitigate and/or avoid any water and/or flood damage to the PREMISES.
24.
Any information regarding all protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by E&A to mitigate and/or avoid any fire, wind, or other casualty damage to the PREMISES.
25.
All contractors, subcontractors, consultants, and/or other persons or companies that E&A communicated with to mitigate and/or avoid any flood, water, wind, fire, and/or other casualty damage to the PREMISES.
26.
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.
27.
All protective, safeguard, and/or emergency measures available to, contemplated by, and/or used by E&A 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 its prior ownership of the PREMISES.
Communications 28.
All oral or written communications between E&A, Fulton Improvements, LLC, the City of Corinth, Kansas City Southern Railway Company, the Federal Emergency Management Agency, and/or any other person prior to the
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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 E&A or any other party in this litigation.
30.
Any information regarding any expert witnesses retained by E&A in defense of KMART’s claims in this litigation.
31.
Any information regarding E&A’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.