Académique Documents
Professionnel Documents
Culture Documents
r,nnnrpnn'~
JUN 13 2002
nv-vtAS, Clerk
y a'MON(
)
Plaintiff,
v.
CIVIL ACTION
N0 .
INC .,)
)
Defendants .
FILE
1 :00-CV-0368-CC
Inc .
(collectively "Defendants"),
("WCW"))
submit
("UWC")
(f/k/a
this
Sur-Reply
to
As Defendant
("Motion") .
INTRODUCTION
Plaintiff has offered no legitimate explanation or
justification whatsoever
Inc .
("TBS")
evidence
potential
to this lawsuit .
I DOC
in this case,
legitimate reason to
1005p55
which is the
only potentially
lawsuit
against
111
its
subsidiary .
Nevertheless,
Plaintiff
original
insists on attempting
(9)
months
after the
this Motion,
("Scheduling Order")
despite having
expired to
and granting
this
evidence",
baseless .
theory of
litigation .
to add TBS
to this
lawsuit,
only meritless,
Ioo5oy5 I DOC
it
is
an
PLAINTIFF HAS FAILED TO SHOW GOOD CAUSE WHY THE MOTION WAS
FILED PAST THE TIME PERMITTED UNDER THE SCHEDULING ORDER .
Plaintiff's Reply Brief does not
add TBS as a
16(b) .
as required by Rule
(9)
months after
2002,
Gregory Prince .
in this case
until
p.
10 .)
This
argument is
in this
lawsuit,
it had in this
Plaintiff
litigation .
the fact that
that
ago .
about
since
the inception of
p.
11 .)
In fact,
information
connections with
the discovery
Plaintiff
1005055
While
I .DOC
-3-
first
2000,
in
his
Defendant .
(See
Plaintiff's
Inc,
as a
also
see
to add TBS despite his alter ego claims and despite his
awareness of TBS is unjustified and without good cause .
To demonstrate good cause,
Co .,
Inc .
Storm,
(M .D .
Fla .
1252
Moyer v .
(M . D .
1998) .
Fla .
Walt
Disney World
2000) ;
Inc .,
Tampa Bay
1998 WL 182418,
that
including
knowledge, demonstrates
proves
*2
and
from
that
is without merit .
This
In any event,
Ipp9p5y
I .DOC.
-4-
Plaintiff had
or speak with Mr .
effort
to obtain information
in an
more expedient
opportunity,
complete
Plaintiff's
Plaintiff's
out
Rule
Plaintiff's
15(a) because
late
2002 .
1,
light of
the
fact that
litigation .
In
stage in the
than
1005055 1 .ooc
-5-
at this
Therefore,
III .
15(a) .1
"newly discovered
that
testimony of Mr .
Prince,
the
actual
Prince's testimony .
it
is not
and
Prince's
since
of Mr .
Further,
Plaintiff's
-6-
Plaintiff's
contentions .
rather,
Plaintiff's
TBS .
itself
177
Ga .
App .
75,
76,
338
Boafa v .
S .E .2d 477,
Plaintiff's characterizations of Mr .
979
Prince's
Hosp .
Corp .
(1985) .
All
testimony speak
such as
interdependency between a
"injustice,
contractual or tort
Dancause ,
248 Ga .
App .
(1995)) .
form ."
1005055 I .DOC
[attempts to]
Id .
379,
its corporate
form,
perpetrate a fraud,
responsibility ."
375,
is to remedy
596 S .E .,
Standard Design ,
358
or
Soerries v .
(2001)
218 Ga .
App .
(citing J959,
960-
in Mr .
Prince's
deposition or elsewhere .
In fact,
request),
Plaintiff evidence
(however unlikely)
in this lawsuit .
(and
The
can
fact
satisfy
an agent of or
its control .
Prince's
950,
556 S .E . 524,
v .
subject
Midwest
to
Indemnit
526 ('001) .
In
Plaintiff must demonstrate that WCW and TBS had mutual control
of WCW's operations .
Ga .
App .
120,
123,
Boatman v .
275
(1981) .
Co . ,
157
The "mere
-8-
639
Pope v .
(1996) .
Goodqame ,
223 Ga .
App .
672,
679,
978 S .E .2d
its characterizations of Mr .
support or suggest
in
to
subsidiary WCW
Turner Sports,
Inc,
fact
legitimate
lawsuit against
in this
lawsuit)
s affiliate
is to insure
for
judgment,
Given
and given
to support a
lawsuit is
affiliates .
litigation tactic,
1005055I,ppL
-9-
improper
t
CONCLUSION
For all of the foregoing reasons,
set
forth
in Defendants'
Amend Complaint
Defendant
This
as well
Opposition Brief,
as the
reasons
Plaintiff's Motion to
Inc .
As
should be denied .
IJ L7
day of June,
2002 .
gsg~
JOHN J .
Georgia
JAMES A .
Georgia
ERIC A .
Georgia
EVAN H .
Georgia
DALTON
Bar No . 203700
LAMBERTH
Bar No . 931851
RICHARDSON
Bar No . 233873
PONTZ
Bar No . 583577
ioososs i .ooc
-10-
AO 88
.'1/94)
.v
(4
NORTHERN
DISTRICT of
ATLANTA DIVISION
v.
TO :
GEORGIA
0 YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testify in the above case.
PLACE OF
0 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case.
DATE AND TIME
PLACE OF DEPOSITION
Z YOU ARE COMMANDED to produce and permit inspection and copying of the following document or objects at the
place, date, and time specified below (list documents or objects) :
See attached Request for Production of Documents
AND
17,2002
A .M .
GA 30305
of the
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth for each person
designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6) .
OR
3E qND TITLE
DATE
':~-i<--GZ.
4F/,
fDFW1
llFSd
PpY~
ERR
If action is pending in district other than district of issuance, state district under case number .
M ~E)
EXI
IbkMCHEL
SERVICE COPY
"
TO :
Pursuant to Fed .
Local Rules,
"
R.
Civ .
P.
Harrison Norris,
Kazou Onoo,
Bouthan Saengsiphan,
Darron Easterling,
Claude Patterson,
Lester Speight,
Rick Reeves,
Exdiibi~-~-
Page E af~
1.
Inc .
("TBS") .
INSTRUCTIONS
office of Meadows,
300,
on June 13,
2 .
Georgia 30305,
Suite
at 10 :00 a .m .,
TBS shall
separately .
"
2002,
Atlanta,
request
it
or others .
attorney-client privilege,
Exhibi~C,.r
Page
af~
and a brief
or
(b)
you
is no longer
regarded .
10 .
and state its present location or the disposition that was made
of it and the date thereof .
.
11 .
Exhib'~~-~,
A
e ~-
OfJ,L
c
such documents bearing any markings, notations,
or changes
1.
DEFINITIONS
representatives,
successors,
officers,
attorneys,
directors,
agents,
or partners,
or
successors,
officers,
attorneys,
directors,
or partners,
attorneys,
directors,
agents,
"TEG"
employees,
or any other
means Defendant
employees,
or partners,
representatives,
employees,
Inc .
agents,
Inc .
representatives,
successors,
officers,
attorneys,
directors,
agents,
or partners,
or
corporation,
company,
proprietorship,
association,
firm,
partnership,
5.
agents, employees,
or representatives .
6 .
feminine
"Document" or
typed,
recorded,
printed,
photographic,
letters,
correspondence,
invoices,
telegrams,
memoranda,
contracts,
subcontracts,
intra-
audit reports,
reports,
projections,
records,
proposals, estimates,
critiques,
trip reports,
audited or
reviews,
appraisals, recommendations,
financial calculations,
deeds,
appointment books,
agreements
bulletins,
desk calendars,
minutes
periodicals,
but
e-mails,
including,
guarantees,
handwritten notes,
video
cancelled
books,
messages,
-s-
Exhib'
releases, microfilm,
tapes, video tapes,
computer
REQUESTS
FOR PRODUCTION
1 .
Inc .
any of
2 .
Turner Entertainment
Please produce
1995 .
2001,
indexes
reflecting
that date .
3 .
Stroer
(Turner Sports)
or Mark
2002
("Prince Deposition")
4.
TBS, TEG or
-s-
Exhibit
Page---~-ofjL-
5.
Deposition,
Turner Studios,
Turner Ad Sales,
and
7 .
funds "swept"
from
Turner Group
Services or any other Turner entity from 1995 through March 31,
2001 .
e.
9.
TEG or Turner
wrestlers,
from November
10 .
documents that reflect any WCW expense paid by TBS or any other
"
including
"
2002 .
-s-
ExhibRN
Page-a-of,Lk-
Cary Ichter
"
-9-
Exhib' A
Page~ ~
"
CERTIFICATE OF SERVICE
This
opposing
is
to
certify
counsel
PLAINTIFFS'
to
REQUEST
that
this
FOR
in
the
United
have
action
PRODUCTION
States
with
OF
INC .
in
this
date
the
seared
foregoing
DOCUMENTS
TO
NON-
by placing a copy of
a
properly
addressed
2002 .
AO w ~
Michelle Rothenberg-Williams
Exhib'
Page
ofd,
v.
INC .,)
)
Defendants .
1 :00-CV-0368-CC
CERTIFICATE OF SERVICE
I
hereby certify
INC . AS
upon the
1000551 ooc
-11-
to :
Cary Ichter
Kelly Jean Beard
Charles Gernazian
Michelle M . Rothenberg-Williams
MEADOWS, ICHTER AND BOWERS, P,C .
Eight Piedmont Center, Suite 300
3525 Piedmont Road
Atlanta, GA
30305
ERIC A . RICHARDSON
Georgia Bar No . 233873
TROUTMAN SANDERS LLP
Bank of America Plaza
600 Peachtree Street, N .E .
Suite 5200
Atlanta, GA 30308-2216
(904) 885-3000
1005055i .ooc
-12-