Streeter v. Office of Douglas R. Burgess, LLC. et al

RESPONSE to Motion re MOTION to Stay Discovery MOTION for Order of Mediation / Plaintiff's Response and Objection to Defendants' Motion to Stay Discovery and for Court Ordered Mediation

M.D. Ala.July 18, 2008

Case 1:07-cv-00097-WKW-CSC Document 127 Filed 07/18/2008 Page 1 of 5 Case 1:07-cv-00097-WKW-CSC Document 127 Filed 07/18/2008 Page 2 of 5 Case 1:07-cv-00097-WKW-CSC Document 127 Filed 07/18/2008 Page 3 of 5 Case 1:07-cv-00097-WKW-CSC Document 127 Filed 07/18/2008 Page 4 of 5 Case 1:07-cv-00097-WKW-CSC Document 127 Filed 07/18/2008 Page 5 of 5 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION RUBY STREETER, Plaintiff, v. OFFICE OF DOUGLAS BURGESS, LLC., et al., Defendant. Case No.: 1:07-cv-97-WKW PLAINTIFF’S NOTICE OF TAKING DEPOSITION OF DEFENDANT’S DESIGNATED REPRESENTATIVE(S) PURSUANT TO FED.R.CIV.P. 30(b)(6) TO: THE ABOVE-NAMED DEFENDANT AND THEIR ATTORNEY PLEASE TAKE NOTICE that, pursuant to Fed.R.Civ.P. 30(b)(6), on October 12, 2007, beginning at 9:00 a.m. and continuing until completed at the Doubletree Hotel Rochester, 1111 Jefferson Road, Rochester, New York, (585) 475-1510. Plaintiff through counsel will take the deposition under oath of the designated representative(s) of Office of Douglas Burgess, LLC., et al., (hereinafter, “Defendant”) before a court reporter qualified under Fed.R.Civ.P. 28. PLEASE TAKE FURTHER NOTICE that, the designated representative(s) of Defendant must be prepared to testify regarding “matters known or reasonably available to” Defendant, including but not limited to: 1. The Defendants’ investigation into the claims made by Plaintiffs in their Complaint; 2. The collection methods, practices, techniques and strategies used by Defendants in their efforts to collect debts from any person; 3. The management, supervision, and discipline of all Defendants’ and their collection employees; 4. The details and contents of all individual Defendants’ personnel files; 5. All documentation methods, if any, whether computerized, manual, or other, of all activities undertaken by any Defendant or their employees related to the collection of accounts; Case 1:07-cv-00097-WKW-CSC Document 127-2 Filed 07/18/2008 Page 1 of 3 Page 2 of 3 6. The methods, practices, techniques and strategies used by Defendants in training collection their collection employees; 7. The Defendants’ compliance with the Fair Debt Collection Practices Act in their businesses; 8. The use of alias names by any Defendant and or employee of any Defendant in the collection of accounts; 9. The telephone system(s), local and long distance services used by Defendants’ and their collection employees in the course of their business or in the course of collecting accounts; 10. The general nature of the Defendants’ businesses; 11. The annual sales, gross incomes, net incomes, and net worths of each Defendants’ businesses; 12. The specific marketing methods, practices, techniques and strategies used by Defendants in their businesses; 13. The Defendants’ collection agency and agent licensing procedures; 14. The names, titles, addresses and phone numbers of all persons who participated in designing, creating, furnishing, compiling, or printing any and all of the collection letters and notices sent to Plaintiffs by any Defendant in an effort to collect on any account; 15. The history, specific details, and resolution of any formal and informal complaints, Better Business Bureau Complaints, lawsuits, regulatory actions, claims, litigations, mediations, arbitrations, or other actions, legal or otherwise, connected to or arising out of Defendants’ businesses, in the period from three (3) years prior to the date of this notice to the present. 16. Any and all other information related to Plaintiffs’ claims against Defendants; 17. All documents produced to Plaintiffs by Defendants in the course of this case. PLEASE TAKE FURTHER NOTICE that, pursuant to Fed.R.Civ.P. 30(b) & 34, Defendant is required to produce at the aforementioned time and place the following documents for inspection, Case 1:07-cv-00097-WKW-CSC Document 127-2 Filed 07/18/2008 Page 2 of 3 Page 3 of 3 review and photocopying: 18. All documents referred to, relied upon, or referenced in preparing for the deposition and included in Defendant’s Rule 26(a) disclosures, including: a. all documents relating to Defendant’s acquisition of the debt at issue; b. all documents evidencing the debt; c. all documents relating to Defendant’s communications with Plaintiff; Dated: 10/03/07 BROCK & STOUT By: /s/ Gary W. Stout Gary W. Stout, Esq. David G. Poston, Esq. Walter A. Blakeney, Esq. P. O. Drawer 311167 Enterprise, AL 36331-1167 Telephone: (334) 393-4357 Facsimile: (334) 393-0026 Email: lesley@circlecitylaw.com Case 1:07-cv-00097-WKW-CSC Document 127-2 Filed 07/18/2008 Page 3 of 3 Case 1:07-cv-00097-WKW-CSC Document 38-2 Filed 10/11/2007 Page 1 of 1Case 1:07-cv-00097- K -CSC Document 127-3 Filed 07/18/2008 Page 1 of 1 David Poston From: David Poston [david@circlecitylaw.com] Sent: Wednesday, June 11, 2008 10:52 AM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com) Subject: Streeter v. Burgess Page 1 of 1 7/2/2008 Dear Stacey: This confirms our discussion on June 10, 2008. Please advise me whether Burgess will consent to a deposition in Enterprise, Alabama. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 1 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Friday, June 13, 2008 12:06 PM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com); 'Lesley Bullock' Subject: Streeter v. Burgess Page 1 of 1 7/2/2008 Dear Ms. Davis: I left a voice mail pertaining to my attempt at scheduling the Burgess deposition. I will be in the office all day June 16-17, 2008. Please contact me at your convenience so that we may set about scheduling Burgess’ deposition. My assistant, Lesley Bullock has access to my calendar. Mr. Stout is in the office as well. You may reach him at 334-671-5555. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 2 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Tuesday, June 17, 2008 2:24 PM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com) Subject: Streeter Page 1 of 1 7/2/2008 Ms. Davis: This is a follow up to my voice mail this date. Please contact my office so we may work to schedule the Doug Burgess deposition. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 3 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Tuesday, June 17, 2008 2:33 PM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com) Subject: Streeter Page 1 of 1 7/2/2008 Ms. Davis: This confirms our conversation wherein Mr. Burgess will avail himself to an Alabama deposition. My understanding is that you will check his schedule and provide dates. Please contact my office immediately if any of the information in this letter is contrary to your understanding. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 4 of 13 BAKEF^ DONELSON BEARMAK CAXDWEU &. BE8.KOWITZ, PC Stachy A. Davis Uirccl IJhil: 205.244 3800 Direct F«: 205.48U8OO £-Mail Address: WACH0V1A TOWEE 420 TWENTIETH STREET NORTH SUITE 1600 BIRMINGHAM. ALABAMA 35203 PHONE: 205.328 0480 FAX: 205.322.8007 www.b.ikrrdoiitlsoii com June 18.2008 David G. Poston Brock & Stout PO Drawer 311167 Enterprise, AL 36331-1167 Re: RubvStreeter v. Office of Douglas li. Burgess and Douglas R. Burgess, etat Civil Action No.:' l:07-cv-97-WKW Dear Mr. Poston: I am in receipt of your letter of June 17, 2008. This letter confirms that Doug Burgess will be made available for a deposition in Alabama, however, the deposition will take place in our offices in Birmingham, and not as staled in your letter in Enterprise, Alabama. As you know, we arc under no obligation to bring Mr. Burgess to Alabama and are doing so as a courtesy to counsel. We have taken your settlement offer under advisement and will be back in touch shortly. Sincerely. Stacey A. Davis SAD-.im] B SAD 790395 vl 2910402-000001 6/18/2008 ALA li AM A • GEORGIA ■ LOUISIANA • MISSISSIPPI • TENNESSEE • WASHINGTON. D.C. • BEIJING. CHINA Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 5 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Friday, June 20, 2008 4:48 PM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com) Subject: Streeter v. Burgess Page 1 of 1 7/2/2008 Ms. Davis: I received you letter regarding the Burgess deposition. Please provide me dates in which Burgess will be available. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 6 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Tuesday, June 24, 2008 4:51 PM To: Stacey Davis (sdavis@bakerdonelson.com) Cc: Fern Singer (fsinger@bakerdonelson.com) Subject: Streeter Page 1 of 1 7/2/2008 Ms. Davis: Please contact me to schedule deposition dates for Mr. Burgess. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 7 of 13 David Poston From: Davis, Stacey [sdavis@bakerdonelson.com] Sent: Wednesday, June 25, 2008 9:15 AM To: David Poston Subject: RE: Streeter Page 1 of 1 7/2/2008 David I am still trying to get dates for when my client is available in July for his deposition. I tried contacting him again this morning. As soon as I know something I will contact you. Stacey From: David Poston [mailto:david@circlecitylaw.com] Sent: Tuesday, June 24, 2008 4:51 PM To: Davis, Stacey Cc: Singer, Fern Subject: Streeter Ms. Davis: Please contact me to schedule deposition dates for Mr. Burgess. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Under requirements imposed by the IRS, we inform you that, if any advice concerning one or more U.S. federal tax issues is contained in this communication (including in any attachments and, if this communication is by email, then in any part of the same series of emails), such advice was not intended or written by the sender or by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein. This electronic mail transmission may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 8 of 13 David Poston From: Davis, Stacey [sdavis@bakerdonelson.com] Sent: Tuesday, July 08, 2008 3:03 PM To: David Poston Cc: Singer, Fern Subject: Streeter v. Burgess Page 1 of 2 7/15/2008 David I have received your voice mail regarding deposition dates for Doug MacKinnon. I was under the impression you were going to be submitting written discovery for MacKinnon prior to taking any deposition. Are you still submitting written discovery? Also, I am in receipt of your Notice of Deposition for Douglas Burgess. As stated in our prior correspondence, we have not agreed to put Mr. Burgess up for deposition in Enterprise, Alabama as per your Notice. Moreover, your notice is for both Douglas Burgess and the 30(b)(6) of the Office of Doug Burgess, LLC and the Law Office of Douglas Burgess, LLC. Neither your motion to compel discovery, nor the Court's Order directing discovery called for any 30(b)(6) depositions. Accordingly, we will be putting up Douglas Burgess in his personal capacity only at this time. Finally, I see that you unilaterally set the date for Mr. Burgess' deposition for July 18, 2008. We have communications in to our client to see if that date is acceptable. Stacey A. Davis Attorney Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 420 20th Street North Wachovia Tower, Suite 1600 Birmingham, AL 35203 Direct: 205.244.3800 Fax: 205.488.3800 E-mail: sdavis@bakerdonelson.com www.bakerdonelson.com Baker, Donelson, Bearman, Caldwell & Berkowitz represents clients across the U.S. and abroad from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee, Washington, D.C. and a representative office in Beijing, China. From: David Poston [mailto:david@circlecitylaw.com] Sent: Tuesday, July 08, 2008 11:15 AM To: Davis, Stacey Subject: MacKinnon Stacey: I left a voice mail regarding dates for MacKinnon’s deposition. Please contact your client and advise me when he will be available. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 9 of 13 David Poston From: Davis, Stacey [sdavis@bakerdonelson.com] Sent: Tuesday, July 08, 2008 11:18 AM To: David Poston Cc: Singer, Fern Subject: RE: Doug MacKinnon Page 1 of 2 7/15/2008 David We are not authorized to accept service of the summons and complaint on behalf of Doug MacKinnon. Stacey A. Davis Attorney Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 420 20th Street North Wachovia Tower, Suite 1600 Birmingham, AL 35203 Direct: 205.244.3800 Fax: 205.488.3800 E-mail: sdavis@bakerdonelson.com www.bakerdonelson.com Baker, Donelson, Bearman, Caldwell & Berkowitz represents clients across the U.S. and abroad from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee, Washington, D.C. and a representative office in Beijing, China. From: David Poston [mailto:david@circlecitylaw.com] Sent: Monday, July 07, 2008 6:03 PM To: Davis, Stacey Subject: Doug MacKinnon Stacey: Are you authorized to accept service of the summons and complaint as to Doug MacKinnon? I understand that service of the summons does not constitute waiver of your right to assert personal jurisdiction. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 10 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Tuesday, July 08, 2008 3:35 PM To: 'Davis, Stacey' Subject: RE: Streeter v. Burgess Page 1 of 3 7/15/2008 Stacey: Given the delay from Burgess, I am beginning now to try and establish deposition dates for MacKinnon. I seems that I will not have time to wait on written discovery from MacKinnon and then attempt to schedule a deposition. I left a message on your voice mail in an attempt to confer and resolve the issue of Burgess individually and Burgess in his representative capacity. Because the complaint alleges civil conspiracy, the plaintiff’s position is that all avenues are open for deposing Burgess, both individually and corporately. I intend to proceed as such. Please contact me so that we can attempt to work this out without court involvement. The Plaintiff’s Motion to Compel Deposition Testimony has no bearing on the Notice of Deposition. Judge Coody denied my motion and ordered that “[c]ounsel for the parties are DIRECTED to hold not later than 20 days from the date of this order, the required good faith conference.” We conferred several times. Finally, I scheduled the deposition in Enterprise because your client would not give you dates. The plaintiff could not afford to wait any longer as she is under a very strict time deadline. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. From: Davis, Stacey [mailto:sdavis@bakerdonelson.com] Sent: Tuesday, July 08, 2008 3:03 PM To: David Poston Cc: Singer, Fern Subject: Streeter v. Burgess David I have received your voice mail regarding deposition dates for Doug MacKinnon. I was under the impression you were going to be submitting written discovery for MacKinnon prior to taking any deposition. Are you still submitting written discovery? Also, I am in receipt of your Notice of Deposition for Douglas Burgess. As stated in our prior Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 11 of 13 correspondence, we have not agreed to put Mr. Burgess up for deposition in Enterprise, Alabama as per your Notice. Moreover, your notice is for both Douglas Burgess and the 30(b)(6) of the Office of Doug Burgess, LLC and the Law Office of Douglas Burgess, LLC. Neither your motion to compel discovery, nor the Court's Order directing discovery called for any 30(b)(6) depositions. Accordingly, we will be putting up Douglas Burgess in his personal capacity only at this time. Finally, I see that you unilaterally set the date for Mr. Burgess' deposition for July 18, 2008. We have communications in to our client to see if that date is acceptable. Stacey A. Davis Attorney Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 420 20th Street North Wachovia Tower, Suite 1600 Birmingham, AL 35203 Direct: 205.244.3800 Fax: 205.488.3800 E-mail: sdavis@bakerdonelson.com www.bakerdonelson.com Baker, Donelson, Bearman, Caldwell & Berkowitz represents clients across the U.S. and abroad from offices in Alabama, Georgia, Louisiana, Mississippi, Tennessee, Washington, D.C. and a representative office in Beijing, China. From: David Poston [mailto:david@circlecitylaw.com] Sent: Tuesday, July 08, 2008 11:15 AM To: Davis, Stacey Subject: MacKinnon Stacey: I left a voice mail regarding dates for MacKinnon’s deposition. Please contact your client and advise me when he will be available. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Under requirements imposed by the IRS, we inform you that, if any advice concerning one or more U.S. federal tax issues is contained in this communication (including in any attachments and, if this communication is by email, then in any part of the same series of emails), such advice was not intended or written by the sender or by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein. Page 2 of 3 7/15/2008 Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 12 of 13 David Poston From: David Poston [david@circlecitylaw.com] Sent: Tuesday, July 15, 2008 2:51 PM To: 'Singer, Fern'; 'Davis, Stacey' Subject: Streeter v. Burgess Page 1 of 1 7/16/2008 Fern: This is the follow up on my email from this morning. I believe that we have in good faith conferred sufficiently to satisfy the requirements of Rule 26. To clarify the plaintiff’s position, we need deposition dates for Mr. Burgess and Mr. MacKinnon. On June 10, 2008, after Judge Coody denied the Plaintiff’s Motion to compel deposition testimony, and after Judge Watkins allowed the plaintiff an opportunity to depose both Burgess and MacKinnon, I immediately began seeking deposition dates for Burgess. Not counting our discussions, there have been fifteen telephone calls or emails regarding the specific subject of deposing Burgess. This is my last attempt to request deposition dates for Burgess and MacKinnon. If I do not have proposed dates by the close of business this Thursday, I will once again Notice Mr. Burgess’ deposition. If he does not attend the third deposition, I will have no choice but to seek sanctions against Burgess. As to MacKinnon, if I do not have proposed dates, I will also notice his deposition and will also seek sanctions if he fails to appear at the deposition. There was also a dispute as to whether I could depose Burgess both individually and as a corporate representative of his LLC’s. I continue to reiterate the pLaintiff’s position that the civil conspiracy complaint opens all avenues to Burgess, both individually and corporately. Please contact me so that we may resolve this issue. Please speak with both Burgess and MacKinnon so that we do not have to involve the court in mundane matters such as depositions. Thank you for your help in this matter. As I mentioned to you yesterday, I appreciate all you are doing to obtain deposition dates. Sincerely, David G. Poston David G. Poston BROCK & STOUT P. O. Drawer 311167 Enterprise, AL 36331-1167 david@circlecitylaw.com 334-671-2044 This email is covered by the Electronic Communications privacy Act, 18 U.S.C. 2510 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this message in error, please respond to the sender at once. Case 1:07-cv-00097-WKW-CSC Document 127-4 Filed 07/18/2008 Page 13 of 13 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 1 of 6 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 2 of 6 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 3 of 6 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 4 of 6 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 5 of 6 Case 1:07-cv-00097-WKW-CSC Document 127-5 Filed 07/18/2008 Page 6 of 6