Reisinger v. City of Wilkes Barre et al

Filing 46

BRIEF IN SUPPORT and in Opposition to City Defendants' Motion To Amend Amended Case Management Plan re 45 Proposed MOTION to Compel Discovery filed by Joseph R. Reisinger. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Reisinger, Joseph)

Exhibit C List of Documents Produced Loftus Request 26 Requests Cadle 1. Complete copy of investigative file. 2. Each and every document you sent, gave to or received from the Plaintiff during the relevant time period. 3. Each and every document during the relevant time period in which the Plaintiff and/or Plaintiff's 26 rental properties or offices are mentioned directly or indirectly excluding only attorney/client information. 35 Requests Received City NO 1. Complete copy of investigative file. NO 2. Each and every document you sent, gave to or received from the Plaintiff during the relevant time period. NO NO 3. Each and every document during the relevant time period in which the Plaintiff and/or Plaintiff's 26 rental properties or offices are mentioned directly or indirectly excluding only attorney/client information. 6. Job description for Thomas Leighton as Mayor of the City of Wilkes-Barre. YES 7. Leighton's resume. Received NO

NO

4. A copy of the business license for Cadle NO Company II to do business in the Commonwealth of PA. 5. All documents establishing and authorizing Cadle Company II to do business within the Commonwealth of PA. 9. Job description for Michael Kermec's position with the Cadle Company II during the relevant time period. 10. Kermec's resume. NO

NO NO 8. All licenses, certifications or other documents which relate to Leighton's credentials as an Insurance Broker. NO NO 12. Job description for Frank Kratz's position with the City of Wilkes-Barre during the relevant time period. YES 13. Kratz's resume. NO 14. A copy of all licenses, certifications or other documents which relate to Kratz's credentials and qualifications as Director of the City of Wilkes-Barre's Code Enforcement Office. YES

11. All degrees, licenses, certifications, etc. NO earned by Kermec. 18. All personnel policy and procedure handbooks maintained by Defendants during the relevant time period. NO

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Exhibit C List of Documents Produced Loftus Request Received City Cadle 20. Any and all statements, notes, reports, NO 15. A written job description of Greg tape recordings, written memorandums, Barrouk's position with Mayor etc., of witnesses presently known to Leighton's office during the relevant you which have been taken or given in time period. preparation of this case. 21. Copies of all documents which may be NO relied upon by any non-expert witness at the trial of this case. 16. A copy of Barrouk's resume. YES Received

YES

22. All documents, pictures, recordings, Yes some 17. A copy of all degrees, licenses, printouts, e-mails or other evidence notes certifications, etc. earned by barrouk. which have been accumulated, requested or maintained by you for use in this matter whether such information will be used at the trial of this matter or meant strictly for reference purposes, excluding only attorney/client privilege and work product information. NO 23. Any minutes of meetings, notes, eNO mails, journal, diary or calendar enries or other documentation which memoralize any meetings, conversations, phone calls or other contact between the Plaintiff and any representative of the Defendants relating in any way to the subject matter of this case. 24. Any minutes of meetings, notes, eNO mails, journal, diary or calendar enries or other documentation which memoralize any meetings, conversations, phone calls or other contact between any Defendants relating in any way to the subject matter of this case. 18. All personnel policy and procedure handbooks maintained by Defendants during the relevant time period.

YES 19. All standard operating procedures for determining inspections, citations and evacuations of properties within the City of Wilkes-Barre.

YES

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Exhibit C List of Documents Produced Loftus Request Received City Received Cadle 25. All documents exchanged between each NO 20. Any and all statements, notes, reports, and any of the Defendants which refer tape recordings, written memorandums, or relate to Plaintiff, his 26 rental etc., of witnesses presently known to properties or his offices located at 444 you which have been taken or given in South Franklin Street, 442 South preparation of this case. Franklin Street, 448 South Franklin Street and 62-64 West Ross Street. NO 26. Copies of Defendants' Profit and Loss NO Statements and/or any other related documents such as tax returns or financial statements which would indicate Defendants' Net Worth within the relevant time period. 27. The phone records of each Defendant from October 2005 ro present. NO 21. Copies of all documents which may be relied upon by any non-expert witness at the trial of this case.

NO 22. All documents, pictures, recordings, printouts, e-mails or other evidence which have been accumulated, requested or maintained by you for use in this matter whether such information will be used at the trial of this matter or meant strictly for reference purposes, excluding only attorney/client privilege and work product information. NO 28. A copy of the court hearing and testimony in front of Judge Lokuta in October 2006. NO 23. Any minutes of meetings, notes, emails, journal, diary or calendar enries or other documentation which memoralize any meetings, conversations, phone calls or other contact between the Plaintiff and any representative of the Defendants relating in any way to the subject matter of this case. NO 24. Any minutes of meetings, notes, emails, journal, diary or calendar enries or other documentation which memoralize any meetings, conversations, phone calls or other contact between any Defendants relating in any way to the subject matter of this case. NO

30. All bank receipts, deposit slips, account NO information regarding the bank account used for depositing any monies received from Plaintiff's rental properties from October 2005 to present.

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Exhibit C List of Documents Produced Loftus Request Received City Received Cadle 31. All orders of court relating to Plaintiff's NO 25. All documents exchanged between each 26 rental properties or offices within and any of the Defendants which refer Defendants' possession and/or control. or relate to Plaintiff, his 26 rental properties or his offices located at 444 South Franklin Street, 442 South Franklin Street, 448 South Franklin Street and 62-64 West Ross Street. NO 33. All appraisals conducted by ny of the YES Defendants or on behalf of Defendants regarding Plaintiff's 26 rental properties. 26. Copies of Defendants' Profit and Loss Statements and/or any other related documents such as tax returns or financial statements which would indicate Defendants' Net Worth within the relevant time period. NO 35. Personnel file of Michael Kermec. NO 27. The phone records of each Defendant from October 2005 ro present. NO 38. All documents relating to Cadle and NO Kermec's answers to Interrogatory Nos. 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24. 41. All documents in Defendants' initial disclosures. NO 28. A copy of the court hearing and testimony in front of Judge Lokuta in October 2006. NO 29. All inspection reports, citations or other documetns regarding the inspection, citations and evacuations of Plaintiff's properties or offices from October 2005 to present. YES 42. Other information in Counsel's NO possession by any Defendant excluding attorney/client privileged information. 43. Reports by any expert; curriculum NO vitae, intended to introduce as evidence at trial. 31. All orders of court relating to Plaintiff's 26 rental properties or offices within Defendants' possession and/or control. NO 32. Copies of inspections, citations and/or documents relating to evacuations of any other offices other than Plaintiffs NO 33. All appraisals conducted by ny of the Defendants or on behalf of Defendants regarding Plaintiff's 26 rental properties. YES 34. Personnel file of Thomas Leighton NO

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Exhibit C List of Documents Produced Loftus Request Cadle Received City 36. Personnel file of Frank Kratz. 37. Personnel file of Greg Barrouk. Received YES YES

39. All documents relating to the City and Leighton's answers to Interrogatory Nos. 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17. NO 40. All documents relating to Kratz and Barrouk's answers to Interrogatory Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. NO 41. All documents in Defendants' initial disclosures. 42. Other information in Counsel's possession by any Defendant excluding attorney/client privileged information. NO 43. Reports by any expert; curriculum vitae, intended to introduce as evidence at trial. NO NO

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