COOKEVILLE, TN – Pat Stout’s attorney, Henry D. Fincher, Esq., has served Discovery Requests on registered agent for service of process Kevin Kennedy of Clarksville, Tennessee, attorney for U. S. Senator Lamar Alexander (R-TN) Campaign Finance Chairman Steve Smith’s TWHBEA.
So far, no word if TWHBEA has insurance coverage which will cover the cost of defending TWHBEA from the lawsuit filed by Henry D. Fincher, Esq., on behalf of Pat Stout for actions taken by TWHBEA President Steve Smith immediately upon taking office. According to Tom “I’M A PROUD HPA VIOLATOR” Kakassy, President Smith requested Kakassy and his cohorts to provide a Report as “quickly as possible” after Stout was exonerated of any wrong doing by the previous Executive Committee.
It appears that Smith’s sore Big Lick Executive Committee voted to punish Pat Stout for simply asking TWHBEA members to give their opinions on passage of the PAST ACT. And Smith’s gang was highly displeased that TWHBEA members overwhelmingly voted 63% “YES” for passage of the PAST ACT.
TWHBEA has 30 days from May 20, 2014 to provide answers to the questions asked by Pat Stout’s attorney and produce the requested documents.
A Hearing has been noticed for Thursday, June 26, 2014, before Circuit Judge Amy V. Lollars on Stout’s Motion For Temporary Injunction.
An interesting side note is Henry D. Fincher’s family has deep roots where the Tennessee Walking Horse breed is concerned. Mr. Fincher’s Grandmother, Margaret Howard “Maggie” Morgan (1900 – 1996) raised the 1949 Tennessee Walking Horse World Grand Champion, Midnight Merry. Midnight Merry was a mare and her trainer was Steve Hill. Midnight Merry was foaled on the property where Mr. Fincher’s home is presently located.
Pursuant to Rules 33 and 34 of the Tennessee Rules of Civil Procedure, the Plaintiffs, by and through counsel, hereby propound Interrogatories and Requests for Production of Documents to Defendant Tennessee Walking Horse Breeders & Exhibitors Association, Inc (hereinafter referred to collectively and individually as “Defendant”).
Written answers or objections for each interrogatory or request for production are to be served upon Plaintiff’s counsel within thirty (30) days after service hereof, or forty-five (45) days after service of the summons and complaint, whichever is later.
All requests for production are to be produced at the office of Henry D. Fincher, Esq., 305 East Spring Street, Cookeville, Tennessee, at 9:00 a.m., on the date which is thirty (30) days after service hereof, unless said date falls on a weekend or holiday, then production shall take place at 9:00 a.m. of the first business day subsequent to said date. The time or place of production may be altered by prior written agreement of counsel.
GENERAL INSTRUCTIONS AND DEFINITIONS
A. These Interrogatories and Requests for Production of Documents are continuing in character so as to require you to file timely supplementation of prior responses in accordance with Rules 33 and 34 of the Tennessee Rules of Civil Procedure.
B. Unless otherwise indicated, these Interrogatories and Requests for Production of Documents refer to the time, place and circumstances of the occurrences mentioned or complained of in the Complaint in this proceeding.
C. Every Interrogatory or Request for Production of Documents seeking knowledge or information in the possession of Plaintiff are intended to include knowledge or information of Plaintiff’s officers, directors, partners, employees, agents, representatives, and, unless privileged, its attorneys.
D. For each Interrogatory or Request for Production of Documents, or part thereof which is objected to on the ground of undue burden or expense, the objection should state:
(1) The number of files and/or documents needed to be searched;
(2) The location of each file;
(3) The number of hours required to conduct the search; and
(4) The estimated cost of the search in dollars.
E. If an Interrogatory or Request for Production of Documents requests identification of a document which is no longer in your possession, custody or control, the answer should state when the document was most recently in your possession, custody or control, the disposition made of the document, and the identity of the person presently in possession, custody or control of the document. If the document has been destroyed, state the reason for its destruction, the identity of the person who destroyed the document and the identity of the person who directed that the document be destroyed.
F. The terms “person” and “persons” include natural persons, firms, associations, partnerships, corporations and other legal entities.
G. The term “documents” means any original and any copy (whether or not different from the original because of notes made on or attached to such copy or otherwise) all notes, memoranda, cablegrams, telegrams, radiograms, minutes, estimates, bills, invoices, orders, agreements, contracts, books, accounts, records, financial statements, diagrams, drawings, sketches, maps, plans, specifications, blueprints, publications, brochures, promotional literature, catalogs and publicity releases and all other documentary material, whether written, typed, printed, visual or audio recording, photograph, microfilm, data processing record, or magnetic tape or disc, of any nature whatsoever, whether or not in your possession, custody or control.
H. A request to “identify” or for “identification” or “identity” requires the following information to be set forth in the response:
(1) with respect to a natural person, his name and present or last-known home and business address (including street name and number, city or town, state, zip code and telephone number, his present or last-known job title and position, and the dates or his tenure and each job title or position;
(2) with respect to a person other than a natural person, its full name and type of organization, the address of its principal place of business (including street name and number, city or town, state and zip code and telephone number), and the jurisdiction and place of its incorporation or organization; and
(3) with respect to a document, (a) a general description of the type of document (e.g., letter, record, list, memorandum, report); (b) the date and, if applicable, title of the document; (c) identification of the address(s) or recipient(s) of the document; (d) identification of the person(s) who has possession, custody or control over the original document; (e) identification of each person who has possession, custody or control over each copy of the document; and (f) a description of the general nature of the subject matter of the document. Any identification of a document should be made with reasonable particularity.
I. The term “describe” with respect to any oral agreement, statement or communication means to provide a brief description of the oral agreement, statement or communication, including, to the degree possible: Its general nature and content; the date it was made; identification of all persons present at the time it was made; the place(s) where it was made; and identification of the persons making the oral agreement, statement or communication.
J. A communication or document “relating,” “related,” or “which relates” to any given subject means any communication or document that constitutes, contains, embodies, evidences, reflects, identifies, states, refers to, deals with, bears upon, or is in any way pertinent to that subject, including without limitation, documents concerning the preparation of other documents.
K. Wherever used herein, the singular shall be deemed to include the plural, and the plural shall be deemed to include the singular; the masculine shall be deemed to include the feminine, and the feminine shall be deemed to include the masculine; the disjunctive (“or”) shall be deemed to include the conjunctive (“and”), the conjunctive (“and”) shall be deemed to include the disjunctive (“or”); and each of the functional words “each,” “every,” “any,” and “all” shall be deemed to include each of the other functional words.
L. For each claim of privilege for any requested information or documents, provide a privilege log as required by Tenn. R. Civ. P. 26.02(5) that contains at least the following information: the nature and general description of the contents of the information sought such that the requestor may make an informed decision on whether to challenge the claim of privilege; the identity of all persons who had a hand in creating or compiling the information or document; the date the documents were created, revised, updated or destroyed; and state the basis on which the privilege is claimed.
M. For the purposes of these interrogatories, “Defendant,” “you”, and/or “your” includes Defendant and any attorney, accountant, director, officer, employee, agent, and representative of the foregoing.
1. State the Defendant’s full corporate name, address, EIN and Tax identification number, date of organization, and corporate status; and identify all persons who assisted you in preparing answers to these interrogatories.
2. State the name, address and telephone number of each person having any knowledge of relevant facts relating to the investigation of the poll and related matters identified in the Plaintiff’s Complaint, and for each person identified, please describe the substance of the knowledge and role of each party.
3. Does the Defendant expect to call any expert witness, including, but not limited to, an accountant, appraisers, or other expert of any sort, to testify on the Defendant’s behalf at trial in any capacity? If yes, state the name, address and telephone number of each such expert witness.
4. As to each expert witness identified in the Interrogatory above, state:
(a) The subject matter on which the expert is expected to testify.
(b) The substance of the facts and opinions to which the expert is expected to testify.
(c) A complete summary of all the grounds for each such opinion.
(d) All times the expert has testified in any court action or arbitration. List the state, the court, case number date of testimony, and the subject matter of the expert’s testimony in that action.
(e) Identify each and every document which your expert has reviewed or relied upon in answering this Interrogatory, reviewing this case, and/or preparing for his deposition or anticipated testimony at trial.
5. Identify any videotapes, maps, charts, audio tapes, photographs and/or diagrams, or any documentation of any other kind, relevant to any issue in this action of which any of the Defendants are aware.
6. Identify, and list in chronological order any and all court action(s), criminal charge(s) or citation(s), or any other legal proceeding(s) in which the Defendant has been involved from January 1, 2000, until the present. Include the style of the case, the name and location of the court, the date the action was filed, the case number, the date the action was resolved, and a brief summary of the nature of the action and the resolution of the case, including any judgment or sentence imposed, including probation or restraining order.
7. Identify the full name, current address for service of process and current telephone number of each and every witness who has knowledge of any of the facts alleged in the Complaint, Answer, Affirmative Defenses, Counter-claim, or any other pleading or document filed in this case, and provide their name, current mailing address and current telephone number and a brief description of their knowledge and/or anticipated testimony.
8. Identify the date, location, number of pages or size, author, recipients (if any), person or entity in possession and brief summary of the contents of each and every document of relevance to any issue raised in any pleading, affidavit or any other matter of relevance to any issue in this case.
9. State the facts upon which you rely for each affirmative defense in your answer.
10. Identify and provide the full text (by incorporation of a produced document if the same is more convenient) of the TWHBEA Bylaws in effect on the following dates: September 27, 2013; November 12, 2013; December 4, 2013; January 9, 2014; January 17, 2014; and January 21, 2014, and identify the corporate minutes where said bylaws were allegedly adopted.
11. Identify and provide the full text of the TWHBEA Code of Conduct standards (by incorporation of a produced document if the same is more convenient) in effect on the following dates: September 27, 2013; November 12, 2013; December 4, 2013; January 9, 2014; January 17, 2014; and January 21, 2014, and identify the corporate minutes showing where they were (a) adopted and (b) made a condition of membership.
12. Identify the minutes or recordings of any TWHBEA proceeding whatsoever, including but not limited to any meeting, assemblage or other gathering of TWHBEA members, directors and or officers of any nature, where the issue of the poll, Mrs. Stout and/or what discipline, if any, should be imposed on her, was mentioned, discussed and/or acted upon by any of those in attendance.
13. Identify the full name, current address and current telephone number of all veterinarians that have been paid by TWHBEA pursuant to its role as a horse industry organization (HIO) and/or who have provided inspection services for TWHBEA related to the inspection of horses prior to any show or other exhibition, from January 1, 2000, to the present.
14. Identify all documents related to TWHBEAs actions as an HIO since January 1, 2000, to the present.
15. Identify the corporate minutes, bylaw provision or other official TWHBEA document or record that (a) created the Bylaws committee that purported to take action against Mrs. Stout and (b) you contend gave the Bylaws committee authority to undertake investigation and disciplinary action in this matter.
16. Pursuant to Tenn.R.Civ.P. 30.06 please designate the corporate representative of TWHBEA who has authority to bind the corporation with his or her testimony regarding the following matters:
(a) The investigation of the poll and matters related thereto;
(b) The preparation, adoption and publication of the Executive Committee report dated December 4, 2013;
(c) The purported delegation of authority to the Bylaws Committee to perform investigation and issue recommendations regarding discipline of TWHBEA members;
(d) The meeting, deliberation and investigation performed by the Bylaws Committee;
(e) The preparation and publication of the January 9, 2014, findings regarding Pat Stout;
(f) The decision to attempt to impose discipline on Pat Stout as detailed in TWHBEA’s January 21, 2014 letter, and the reasons therefor;
(g) The refusal to restore Mrs. Stout’s membership and retract the false allegations made about her by TWHBEA after being asked to do so in Mr. Fincher’s March 3, 2014, letter;
17. Identify all documents related to the issues listed in 16(a)-(g) not previously identified by Defendant.
18. State all reasons TWHBEA refused to restore Mrs. Stout’s membership and retract the false allegations made about her by TWHBEA after being asked to do so in Mr. Fincher’s March 3, 2014, letter.
19. State all reasons TWHBEA did not give Mrs. Stout a written complaint alleging wrongful actions before it suspended her membership.
20. State all reasons TWHBEA did not provide Mrs. Stout the opportunity for a hearing before it suspended her membership.
21. State all reasons TWHBEA did not provide Mrs. Stout the opportunity to meet with a person within TWHBEA with the power to reverse or modify the decision to suspend her membership.
22. Have any documents that would be responsive to the requests for identification contained in these interrogatories been destroyed, altered, shredded, deleted, or otherwise disposed of in any way? If so, please identify all such documents, including the date, author, recipient and general subject matter of said documents, along with the date of disposal or destruction, and the claimed reason for said disposal or destruction.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Pursuant to Rule 34 of the Tennessee Rules of Civil Procedure, Plaintiff hereby requests that the Defendant produce for inspection and copying the documents specified below. Production of these documents shall take place in the manner specified elsewhere in this document. These requests are subject to the same conditions as Plaintiff’s First Set of Interrogatories.
1. Produce each and every document identified in Defendant’s response to Plaintiff’s First Set of Interrogatories.
2. Produce the current edition of the Defendant’s corporate governance documents, including but not limited to, its Charter, Bylaws, and sub-bylaws or other resolutions that govern the conduct of corporation business and affairs.
3. Produce a copy of any statement you may have taken from the Plaintiff.
4. Produce a copy of any statement you may have taken from any witness regarding the matters discussed in the Complaint.
5. Produce all documents reviewed or relied upon any expert in preparation for testimony in this case.
6. Produce any document that you contend refutes, rebuts, or otherwise contradicts Plaintiff’s claim for relief in this case.
7. Please provide true and correct copies of the Defendants’ federal income tax returns filed for the 2005-2014 tax years.
8. Please provide true and correct copies of all corporate minutes of Defendant from January 1, 2000 to the present.
9. Please provide the current list of all TWHBEA officers, directors, employees or other persons holding any official capacity with TWHBEA of any nature, with the person’s name, position and other relevant identifying information.
10. Please provide a full list of TWHBEA’s membership, including but not limited to, each person’s name, current address and telephone number, and other information kept or maintained by TWHBEA regarding its membership.
11. Please provide all documents related to TWHBEA’s involvement as an HIO from January 1, 2000 to present.
12. Please provide copies of any and all documents, photos or other items posted by TWHBEA (or its agent) on its website (or other web-based media site including but not limited to Facebook, Twitter, Tumblr or other site) containing the name and/or image of Pat Stout since January 1, 2000 to the present.
13. Please provide copies of any and all documents, photos or other items posted by TWHBEA (or its agent) on its website (or other web-based media site including but not limited to Facebook, Twitter, Tumblr or other site) mentioning the poll, Clant Seay or any investigation and/or discipline of any TWHBEA member or affiliate participating in the same.
14. Produce anything else identified in your responses to the Plaintiff’s Interrogatories.
Nephew Eugene’s friend Randolph, who went to Vanderbilt University Law School, thinks TWHBEA has a lot of questions to answer and documents to produce regarding what it did to Pat Stout.